Journal of the Senate of the State of Georgia regular session, commenced at Atlanta, Georgia, Monday, January 12, 1970 and adjourned Saturday, February 21, 1970

JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 12, 1970 and adjourned Saturday, February 21, 1970
1970 Atlanta, Ga.

OFFICERS
OF THE
STATE SENATE
1970
GEORGE T. SMITH . President (Lieutenant Governor)
GRADY COUNTY
HUGH GILLIS _________________P_esident Pro Tempore
TREUTLEN COUNTY
HAMILTON McWHORTER, JR. _________________Secretary
OGLETHORPE COUNTY
GREEN CALLAWAY _____________........Assistant Secretary
DEKALB COUNTY
FREIDA ELLIS ......__...._______________Journal Clerk
FULTON COUNTY
SARALYN FOSTER ____._____ .........................Calendar Clerk
FULTON COUNTY
ALICE ENRIGHT ................................................Assistant to Secretary
FULTON COUNTY
HENRY CASTLEMAN _____..______________Doorkeeper
FULTON COUNTY
DAVID W. PEEPLES ______________________Messenger
SPALDING COUNTY
ROGER E. DOUGLAS ___________________Reading Clerk
COBB COUNTY
JAMES P. LEWIS ........__________._.____....__...Message Clerk
FULTON COUNTY
DON MILTON ....________________.Sergeant at Arms
FLOYD COUNTY

SENATE JOURNAL

Senate Chamber, Atlanta, Georgia,
Monday, January 12, 1970.
The Senators of the General Assembly of Georgia for the years 1969-1970 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by the Honorable George T. Smith, President of the Senate.

Scripture reading was offered by the Reverend Walter E. Boone, pastor, Alma First Baptist Church, Alma, Georgia.

Prayer was offered by the Reverend J. 0. Bramblett, pastor, Blackshear Church of God, Blackshear, Georgia.

Senator Eldridge of the 7th reported that the journal of the proceedings of Wednesday, March 26, 1969, had been read and found correct.

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

Senator Holloway of the 12th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. Second reading of bills and resolutions. 3. Reading and adoption of Senate and House resolutions. The consent was granted.
The following bill was read the second time:

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.

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

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

JOURNAL OF THE SENATE,

Noble Padgett Fatten Pennington Plunkett Eeeder 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 resolution was read and adopted:

SR 182. By Senator Holloway of the 12th:
A resolution to notify the House of Representatives that the Senate has convened; and for other purposes.

Senator Holloway of the 12th moved that the following bills and resolutions of the Senate and House be recommitted to the committees from which they were favorably reported:

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.
Recommit to Committee on Educational Matters.

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 Historcial Commission in an amount determined by the Secretary of State; and for other purposes.
Recommit to Committee on Appropriations.
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

MONDAY, JANUARY 12, 1970

7

of consumer information and family money management; and for other purposes.
Recommit to Committee on Industry and Labor.

SB 68. By Senator Gillis of the 20th:
A bill to provide for compensation and allowances for those State officials whose election is provided for by Articles IV and V of the Constitution of Georgia; to provide that this Act shall not apply to certain officials; and for other purposes.
Recommit to Committee on Economy, Reorganization and Efficiency in Government.

SB 81. By Senator Miller of the 43rd:
A bill to prohibit business activities on Sunday; to provide for penalties; to define "retail establishment"; to repeal Code Section 26-9908, relating to the penalty for violating the Sabbath; and for other purposes.
Recommit to Committee on Industry and Labor.

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.
Recommit to Committee on Health and Welfare.

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.
Recommit to Committee on Public Utilities and Transportation.

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

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JOURNAL OF THE SENATE,

State Revenue Commissioner may affect such findings and orders, or until there is a general revaluation of property in the county; and for other purposes.
Recommit to Committee on Economy, Reorganization and Efficiency in Government.

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, operation and sick leave expenses not otherwise provided in said Act; and for other purposes.
Recommit 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 participation by the State government and local governments in the cost of the Minimum Foundation Program of Education; and for other purposes.
Recommit to Committee on Educational Matters.

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; and for other purposes.
Recommit 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; and for other purposes.
Recommit to Committee on Temperance.

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; and for other purposes.
Recommit to Committee on Business, Trade and Commerce.

SB 282. By Senator Searcey of the 2nd:
A bill to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and

MONDAY, JANUARY 12, 1970

9

providing for a new Criminal Code, so as to abolish the death penalty; and for other purposes.
Recommit to Committee on Judiciary.

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.
Recommit to Committee on Economy, Reorganization and Efficiency in Government.

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.
Recommit to Committee on Educational Matters.

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 Decennial 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 prohibitions of said sections; and for other purposes.
Recommit to Committee on Temperance.

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; and for other purposes.
Recommit to Committee on Judiciary.

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. Recommit to Committee on Business, Trade and Commerce.

10

JOURNAL OF THE SENATE,

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 legislative 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 pension systems, to the same extent as heretofore has been exercised by the General Assembly of Georgia; and for other purposes.
Recommit to Committee on County and Urban Affairs.

HB 4. By Messrs. Lane of the 101st, Adams of the 100th, Ross of the 26th and others:
A bill to amend an Act declaring certain days as public and legal holidays, 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.
Recommit to Committee on Business, Trade and Commerce.

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.
Recommit to Committee on Appropriations.

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 circumstances; and for other purposes.
Recommit to Committee on Judiciary.

HB 375. By Messrs, Rainey of the 47th and Dickinson of the 118th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Pish Commission, so as to authorize the hunting of deer from scaffolds or tree stands; and for other purposes.
Recommit to Committee on Agriculture and Natural Resources.

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

MONDAY, JANUARY 12, 1970

11

install any glass door which is not constructed of safety glass after a certain date; and for other purposes.
Recommit to Committee on Industry and Labor.

HB 509. By Mr. Rowland of the 42nd:
A bill to amend an Act creating emeritus offices for State House officials, 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.
Recommit to Committee on Economy, Reorganization and Efficiency in Government.

HB 610. By Mr. Jones of the 59th:
A bill to amend Code Chapter 93-4, 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 for the safe installation and operation of all natural gas transmission and distribution facilities within this State; and for other purposes.
Recommit to Committee on Industry and Labor.

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.
Recommit to Committee on Health and Welfare.

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, 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.
Recommit to Committee on Penal and Correctional Affairs.

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

12

JOURNAL OP THE SENATE,

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.
Recommit to Committee on Banking and Finance.

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.
Recommit to Committee on Penal and Correctional Affairs.

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.
Recommit to Committee on Banking and Finance.

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.
Recommit to Committee on Agriculture and Natural Resources.

HR 258. By Mr. Black of the 45th: A resolution creating the Chattahoochee Judicial Circuit Study Committee; and for other purposes.
Recommit to Committee on Rules.
HR 280. By Messrs. Wamble of the 69th and Matthews of the 63rd: A resolution requesting the Georgia Congressional delegation to support H. R. 2500; and for other purposes.
Recommit to Committee on Agriculture and Natural Resources.

On the motion to recommit the bills and resolutions, the ayes were 35, nays 0, and the motion prevailed.

MONDAY, JANUARY 12, 1970

13

The following communication from His Excellency, Governor Lester G. Maddox, was read by the Secretary:
EXECUTIVE DEPARTMENT ATLANTA
May 5, 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 Bills passed and adopted at the 1969 Session of the General Assembly of Georgia were vetoed by me for the reasons set forth below:

SB 196 (Veto No. 9) By Senator London of the 50th, abolishing 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. This bill was vetoed because it was my opinion that the local advertisement attached thereto was questionable in that it did not comply with the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. My intent to veto said bill was discussed with the author and he made no objection thereto.

SB 197 (Veto No. 10) By Senator London of the 50th, abolishing 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. This bill was vetoed because it was my opinion that the local advertisement attached thereto was questionable in that it did not comply with the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. My intent to veto said bill was discussed with the author and he made no objection thereto.

SB 51 (Veto No. 15) By Senator Kidd of the 25th, amending 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. This bill was vetoed by me because of my opposition to the provisions of said bill which provide "whenever a public or legal holiday occurs on a Saturday or on a Sunday, the following Monday shall be observed as a public and legal holiday." It is my feeling that the present provisions of law, including the bill approved by me on January 28, 1969, declaring certain days as public and legal holidays and further providing that beginning with the year

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1971 George Washington's Birthday shall be observed on the third Monday in February; National Memorial Day shall be observed on the last Monday in May; Columbus Day shall be observed on the second Monday
in October; and Veterans Day shall be observed on the fourth Monday
in October, are sufficient, and provide an adequate number of holidays
unless otherwise proclaimed on specific occasions.

SB 100 (Veto No. 16) By Senator Johnson of the 38th, amending the Act creating the Civil Court of Fulton County, approved August 20, 1913 (Ga. L. 1913, p. 145), 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. 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.

SB 136 (Veto No. 17) By Senator Broun of the 46th, providing 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. This bill was vetoed at the request of a majority of the Judges of the Superior Courts and District Attorneys of the State of Georgia. The procedure set out in said bill for pre-sentence hearings would overburden the courts, particularly in cases of pleas of guilty and pleas of nolo contendere. I am further advised that the procedures required by said bill would require the expenditure of additional funds by the courts. Some county officials have reported to me that they are not financially able to afford such expenses.

SB 162 (Veto No. 18) By Senators Maclntyre of the 40th and Garrard of the 37th, amending 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. I vetoed this bill for the principal reason that said bill does not provide any assurance that
funds for development and operation of the rapid transit system will come from some other source than ad valorem tax, which has already
overburdened property owners in Metropolitan Atlanta.

SB 179 (Veto No. 19) By Senators Chapman of the 32nd, Hardy of the 56th, and Fincher of the 54th, providing for the necessary
consents for the treatment of minors for venereal disease; to repeal laws in conflict herewith; and for other purposes. This bill was vetoed
because I felt its terms were too broad in scope, and it did not provide any safeguards relative to the treatment to be received by the minors
consenting to treatment as provided therein.

SB 171 (Veto No. 25) By Senator Padgett of the 23rd, providing
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. This legislation was vetoed by

MONDAY, JANUARY 12, 1970

15

me because of the Committee amendment thereto, which, by implication, repealed all other methods of computing sentences. The bill was not drawn as an amendment to existing Code sections relative to computation of the term of confinement of inmates.

SB 176 (Veto No. 27) By Senator Maclntyre of the 40th, amending 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. This bill was vetoed because I had been informed that the City officials of Alpharetta had requested the author of said bill to request the Governor to veto same.

SB 246 (Veto No. 28) By Senators Plunkett of the 30th and Coggin of the 35th, repealing House Resolution No. 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; and for other purposes. This bill was vetoed by me because the final copies of laws passed by the General Assembly and approved by the Governor are not currently available to attorneys at law and other interested persons until approximately six months after adjournment of the General Assembly. This vetoed legislation made no provisions whatsoever where attorneys at law and other interested persons could obtain copies of Georgia Laws at reasonable prices. Any enacted legislation should be made known as soon as possible, and attorneys at law and other interested persons should be able to obtain copies of the same at reasonable prices.
Respectfully submitted,
/s/ Lester Maddox
Governor
LM:jc cc: Honorable Hamilton McWhorter, Jr.
Honorable Prank H. Edwards Honorable Arthur K. Bolton Honorable Ben W. Fortson, Jr.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the following resolutions of the House to-wit:
HR 508. 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 Senate that the House of Representatives has convened; and for other purposes.

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HE 509. 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 Speaker has appointed as a Committee of Escort on the part of the House the following members thereof:

Messrs. Anderson of the 49th, Barfield of the 71st, Berry of the 85th, Hadaway of the 27th, Horton of the 95th, Potts of the 30th and Toles of the 9th.

HR 512. 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 Senate for the purpose of hearing a message from the Governor; and for other purposes.

The Speaker has appointed as a Committee of Escort on the part of the House the following members thereof:

Messrs. Geisinger of the 72nd, Keyton of the 70th, Mauldin of the 12th, Maxwell of the 78th, Murphy of the 19th, Paris of the 14th and Wheeler of the
57th.

HR 513. 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 Senate for the purpose of hearing a message from the Governor on January 15, 1970; and for other purposes.

The Speaker has appointed as a Committee of Escort on the part of the House the following members thereof:

Messrs. Barber of the 15th, Punk of the 92nd, Hargrett of the 58th, Holder of the 49th, Lane of the 44th, Pafford of the 64th and Parker of the 44th.

The following resolutions were read and adopted:
SR 189. By Senator Holloway of the 12th: A resolution adopting the Rules of the Senate; and for other purposes.

MONDAY, JANUARY 12, 1970

17

HR 509. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
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, Padgett of the 23rd, Abney of the 53rd, Carter of the 14th, Searcey of the 2nd, Webb of the llth and McGill of the 24th.

The following resolution was read and adopted:

HR 512. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.
The President appointed as a Committee of Escort on the part of the Senate the following:

Senators Spinks of the 9th, Chairman, Smith of the 34th, Rowan of the 8th, Dean of the 6th, Adams of the 26th, Brown of the 47th and Hill of the 29th.

The following resolution was read and adopted:

HR 513. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor on January 15, 1970; and for other purposes.

The President appointed as a Committee of Escort on the part of the Senate the following:

Senators Gillis of the 20th, Chairman, Cox of the 21st, Adams of the 5th, Fincher of the 51st, Plunkett of the 30th, Jackson of the 16th and Vann of the
10th.

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The following resolution was read and adopted:

SR 190. By Senator Dean of the 6th:
A resolution welcoming guests from Senatorial District 6 to the Senate Chamber.

The President announced as the doctor of the day, Dr. James A. Kaufmann, and as the nurse of the week, Mrs. Linda Carroll.

Senator Holloway of the 12th moved that the Senate do now adjourn until 10:30 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:30 o'clock A. M. tomorrow.

TUESDAY, JANUARY 13, 1970

19

Senate Chamber, Atlanta, Georgia Tuesday, January 13, 1970

The Senate met pursuant to adjournment at 10:30 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th 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 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. Reports of standing committees. 4. Reading and adoption of Senate and House resolutions.

The consent was granted.

Senator Carter of the 14th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

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

SB 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A bill regulating the sale of flue-cured leaf tobacco in this State, so as to redefine the regular selling season; to remove the provisions establishing a minimum number of selling days; to change the maximum number of selling hours; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

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SB 292. By Senator Dean of the 6th:
A bill to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, so as to change the method of selecting the legal organ in certain counties in this State; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory Board; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 294. By Senator Vann of the 10th:
A bill to provide that the produce of any tree or plant remains the property of the owner or lessee of the land upon which the tree or plant is located; to provide that the produce of a tree located upon the rightof-way of any public road shall belong to the owner of the property located in closest proximity to the tree; to provide that it shall constitute a violation of Code Section 26-1802; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 295. By Senator Abney of the 53rd:
A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 296. By Senator Abney of the 53rd: A bill to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 297. By Senator Abney of the 53rd: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner

TUESDAY, JANUARY 13, 1970

21

of Walker County, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the 34-man Industry-Wide Flue-Cured Tobacco Marketing Committee to permit the Georgia-Florida flue-cured tobacco belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the United States Department of Agriculture Crop Reporting Service to reassess the methods and techniques used in determining tobacco crop estimates; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging Georgia tobacco farmers to plant old-line, highquality varieties of tobacco; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the Georgia-Florida Tobacco Warehouse Association to consider taking steps to police and hold to a minimum the sale of out-of-belt tobacco on Georgia warehouse floors during the regular selling season; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SR 187. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the 34-man Industry-Wide Flue-Cured Tobacco Marketing Committee to add three new additional members from the Georgia-Florida-Alabama producing area; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

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JOURNAL OF THE SENATE,

SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SR 191. By Senators Plunkett of the 30th and Webb of the llth:
A resolution creating the Heroes of Georgia Commission; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

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

SR 182. By Senator Holloway of the 12th:
A resolution to notify the House of Representatives that the Senate has convened; and for other purposes.

HR 515. 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 Senate for the purpose of hearing a message from Honorable Herman E. Talmadge; and for other purposes.

The following resolution was read and adopted:

HR 515. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st and others:
A resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from Honorable Herman E. Talmadge; and for other purposes.

The President has appointed as a Committee of Escort on the part of the Senate the following:

TUESDAY, JANUARY 13, 1970

23

Senators Trippe of the 31st, Chairman, Garrard of the 37th, Hardy of the 56th, Pennington of the 45th, Kennedy of the 4th, Young of the 13th and Walling of the 42nd.

Scripture reading and prayer were offered by Reverend John Maxwell, pastor, First Methodist Church, Canton, Georgia.

The President announced as the doctor of the day, Dr. Markham Berry.

Senator Carter of the 14th moved that the Senate stand adjourned after the Joint Session until 10:00 o'clock A. M. tomorrow, and the motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor Lester G. Maddox, was called to order by the President of the Senate. HE 512 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 Excellency, the Governor, to the General Assembly.

His Excellency, the Governor, addressed the General Assembly as follows:
LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE GEORGIA GENERAL ASSEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN OF THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:
It's good to be back with you for another legislative session. I am sure that each member of this august body is well aware that this Governor always has a hearty welcome for the members of the Georgia General Assembly. I look forward to this time of the year because the beginning of each new session is always accompanied by new hope.
We can now begin anew.
We can attack those problems which we have left from past deliberations and resolve to deal effectively and courageously with those new problems which are of vital concern to our people.
It is expected that politicians will sometimes be politicians, but there comes a time in the life of every public official when politics must be set aside and every consideration be given the public good.

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JOURNAL OF THE SENATE,

That time is now.
The power of this free government rests with a free people the men and women who run the machines, build the bridges, milk the cows, lay the bricks, drive the trucks, fry the chicken and do all the other things within the private free enterprise system which earn our government a living, and make our government possible.

I think it is well for us to remind ourselves upon occasion that government is not a producer, but a consumer.

Government consumes labor, material and money a lot of money.

State government is like a campfire in a wilderness. As long as the fire is fed adequately, it provides light, warmth and protection.

Too much fuel, given without adequate controls, creates a danger to the people.

Too little fuel leaves some of the people out in the cold, unprotected.

We are the watchers of the fire.

It is our job to say, "This is enough, and that would be too much."

And it is only natural that we would sometimes disagree.

But, there is only one fire, and it must be regulated to serve all who look to it for light, for warmth and for protection.

Ours must not be just a rural state government . . .

Not just an urban state government ....

Not just a poor man's state government ....

Not just a rich man's state government ....

Not just a white man's state government ....

And not just a black man's state government.

Ours must be a state government of all the people, for all the people, and by all the people, bar none.

Of courage, this is no great revelation to you. It is because of your recognition of this important principle that we, as the servants of the people, in their state government, have been able to make such tremendous accomplishments in the year just past, and, in those years immediately preceding 1969, enabling me, today, as Georgia's Chief Ex-

TUESDAY, JANUARY 13, 1970

25

ecutive, to report to you, the esteemed members of the Georgia General Assembly and to the people of the great Stat of Georgia that the state of the State is excellent.
Such a report should be applauded by every Georgian ....

Hailed by every Georgia newspaper ....

And welcomed by every politican, whether Republican, Democrat or Independent.

But, let's recall some of the predictions that were being made back in 1966 and in early 1967 about what the Maddox Administration would do for Georgia or, maybe I should say, "do to Georgia."

Remember this headline? "New South 'Buried' Maddox Foes Claim."

One person was quoted as saying, "I sincerely believe that the image of Mr. Maddox is so negative that even if he does a good job, we won't be able to overcome the effects in a four-year term."

Other prophets of doom said that a vote for Lester Maddox would hold back Georgia's progress for the next four years.

One Georgia editor said that "Lester Maddox constitutes a grave danger to all that responsible Georgians hold dear . . . ."

Some said that schools would close, industry would move out, new industry would not come in, our economy would roll backwards and Georgia would be engulfed with rioting, looting, burning, killing, chaos and disorder.

But, now, I am going to take this opportunity to bring the truth and to bring the facts to you and to all Georgians without any bias, without any editorializing, and, yes, without any fear.

Throughout the nation and throughout the world, Georgia today is recognized as one of the finest, most progressive, most dynamic, most peaceful and most promising states in the nation.

And you don't have to take my word for it. Just look anywhere. The facts speak for themselves.

During this Administration, Georgia finally moved out of its adolescence to take its rightful place as a full-fledged member of this great nation and not just a member, but a leader.

Isn't that wonderful!

The great seal of Georgia has been polished to a luster never before seen in this State by the hands of the people and put out in the light for all to see, rather than for just a special few.

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JOURNAL OF THE SENATE,

Out-of-state visitors are flocking to Georgia as never before.

Everywhere we turn, we see more progress and more prosperity . . .

In spite of predictions, conditions are more peaceful and more harmonious than even the most optimistic among us would have thought possible under the circumstances that have been forced upon us.

I sincerely believe that this Administration has been tested with more potential crises than any administration has had to face since the Reconstruction days.

And, with God's help, we have met the challenge.
By showing a willingness and the ability to work with all the people, we have paved the way to better understanding among all factions and to more civilized resolutions of divergent opinions.
Let's take a look, now, at what has been accomplished by this attitude of cooperation. Let's look at the record the real record, and not just rumors, half-truths and opinions.

During the past 36 months, investments in new and expanded industry have exceeded one and one-half billion dollars.
The Maddox Administration's three years have topped the previous seven years by some 150 million dollars in industrial gains.
As a result of this industrial revolution, Georgians are enjoying a higher standard of living. Georgia's percentage of personal income increase places our State fourth from the top in the entire nation, according to latest available figures.
We have a good momentum going, and there is almost no limit to how much we could build upon it. Our people are staying in Georgia and helping us to build a stronger, more prosperous state. And, not only are Georgians staying, but people from other states, and, yes, from other parts of the world, are coming to Georgia, bringing with them new capital, new industry, new job opportunities, new revenue, new ideas, and, yes, new hope.
We promised the people that we would carry the story of Georgia's industrial potential and her tourist attractions to the nation and to the world as never before. And, with your help and the help of many other individuals and organizations, that story has been, and is being, told.

During this Administration, leaders throughout the nation in education, in government and in industry have been fully awakened to the fact that Georgia is the dynamic, prosperous and peaceful hub of a great region.
Georgia's Department of Industry and Trade, a one-time political

TUESDAY, JANUARY 13, 1970

27

dumping ground, has been turned into one of the most efficient and most effective such agencies in the United States.
That is a remarkable achievement.
When we consider that in 1965 Georgia was at the bottom of seven southeastern states in dollars for new and expanded industry and was the only state in the nation without an advertising campaign, due to the mismanagement and misuse of funds, the accomplishments of the Department of Industry and Trade appear all the more impressive.
Another factor which I believe has contributed greatly to the progress in our industrialization program and in virtually every facet of our economy has been the peace and harmony enjoyed by our State which, when compared to many of our sister states, strikes a stark contrast.

This Administration has been recognized for its efforts to bring together industry, labor, government, education and many other private interests into one cooperative unit, working together in harmony for the common good of all, and I am deeply grateful to all who have been willing to put aside personal interests to seek workable compromises which have resulted in a better day for all concerned.

I am especially grateful to our young people who have demonstrated their maturity and responsibility by doing their best to devote the majority of their efforts to getting a good education and taking advantage of the opportunities being offered them by the taxpayers and other supporters of education.

Georgia is richly blessed with just plain outstanding young men and women who, because of their faith in God and love for country and strong moral character, do more than all of us combined in making Georgia the peaceful, progressive and dynamic state that it is.

Don't you agree ?

Georgia is not the "nation's battleground", as some predicted.

From time to time, and even now, we have faced difficult moments, but reason has prevailed.

Peace has been preserved.

I thank God for this blessing, and I pray that we can continue during the trying months ahead to have the cooperation and support of all Georgia citizens, black and white, rich and poor, powerful and weak, in our effort to reach solutions to our problems which are fair to all.

This is the only way.

We cannot afford to battle among ourselves. There are other battles to be fought: the battle against poverty, against hunger, against disease,

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against ignorance, against injustice, against inefficiency, against immorality, against crime, and, yes, even against boredom.

We have waged a tremendous battle against injustice in the State Board of Pardons and Paroles. For the first time in the history of that department, this Administration called for, and received, a total investigation, with the findings open to the press and to the public.
We were determined to clean up this vital operation and to bring a swift conclusion to the old days of secrecy and favoritism.

And we have done just that.

Penal reform, too, was something that had been talked about for decades, but very little had been done.

So, I went to the prisons, myself, and I saw, first hand, what needed to be done and how these facilities had been neglected.

Our duty was clear.
We swept out the rats and roaches; we built visitation facilities for the inmates' families; we declared war on the firetraps and the health hazards; we put decent, nourishing food on the tables; we established and enforced humane work and recreation standards and regulations; we introduced new programs of education and vocational rehabilitation.

When it was seen that these minimum standards for penal operations in Georgia would not be compromised, many camps found it impractical to remain open. During the first three years of the Maddox Administration, a total of twenty correctional facilities have ceased operation, which equals the exact number closed during the entire quarter of a century prior to our 36 months in office.

Rather than follow the old policy of discharging a man in rags with eight dollars and a kick, he now gets 25 dollars, transportation home, a new suit and a handshake.

We have established the first work-release program in the entire history of Georgia's penal system, another milestone which benefits the inmates, their families and the taxpayers.
You might not see our progress reflected in the news stories you read or hear, but the inmates and wardens and other prison personnel who have seen the changes come about during the past 36 months will tell you that we have had more real penal reform in Georgia in the past three years than was the case during the previous thirty to forty years.

Everywhere we look, we see evidence of Georgia on the go.

In virtually every area of our State, we can see progress being made in highway construction. This accelerated construction is not only

TUESDAY, JANUARY 13, 1970

29

providing more convenience and safety for motorists, but everywhere we put down a new yard of concrete, we add to the opportunities of that area.

Although all citizens cannot take advantage of these opportunities, our Department of Family and Children Services has been doing a good job in helping those who cannot help themselves, but the increases in assistance to the blind, disabled, aged and the families with dependent children have not been sufficient to even keep ahead of the wolf of inflation.

Later this week, I will be asking you for additional protection for those of our citizens who are being left out in the cold.

As we all know, to have good government, we must have good government employees people who are honest, skilled and dedicated.

It has been the policy of this Administration to protect the able career employees who are doing a good job, giving a day's labor for a day's pay, and this policy is paying off handsomely for every Georgia taxpayer.

Under the Maddox Administration, personnel are recruited not on the basis of what they are, who they know or where they're from, but solely on the basis of their qualifications for the job available.

I have tried to operate state government just like you and others would operate your business.

In the area of mental health, our achievements are receiving nationwide attention. With the opening of new facilities, along with other innovations in the treatment of mental disease, which permitted the reduction of terribly overcrowded Central State facilities, it is now possible for a person with mental difficulty to get intensive treatment which often puts him back into a productive life as a taxpayer and supporter of his family.

This kind of treatment is more expensive, of course, but we simply cannot put a price tag on a person's life.

In the Department of Labor, a comprehensive manpower center has been established in Atlanta, the first of its kind in the United States. Its purpose is to provide one-stop service to both job seekers and employers.

To bring workers and jobs together quickly on a professional basis, a computerized job bank, the third such facility in the nation, has been established at the center and is now in full operation.

For the first time, a highly successful cooperative effort between the Corrections Board and Parole Board and the State Training and Employment Service, is bringing pre-release training, evaluation of inmates and jobs for them before or shortly after release.

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JOURNAL OP THE SENATE,

Although sought for years without success, it was during this Administration, too, that the greatest advancements were made in benefits for men and women of labor since the enactment of Workmen's Compensation Laws.
Of course, virtually every adult in our State has had occasion to observe the new efficiency of the State Department of Revenue in handling the job of tax collection.
In spite of a greatly increased workload, the time required for an individual to get his income tax refund has been drastically reduced.
The Department of Agriculture has been modernized to better serve both the farmer and the consumer. Through more intensive programs of research, inspection and marketing, we have been able to not only help the farmer improve his lot and derive a fair profit from his investments, but we have also been able to provide the consumer including the city housewife with a better product at the lowest possible price.

And, my friends, we can all be proud of the job being done by the Department of Public Safety, even though we have not furnished this department with the number of men and cars needed to adequately patrol the highways.
Many previously unmarked cars are now identified properly as patrol cars when on Georgia's highways, and these are helping us to keep down tragedies on our roads in spite of the fact that Georgia led the nation last year in the percentage of increases in both motor vehicle registrations and gasoline consumption.
With the help and cooperation of the Georgia General Assembly and the various State department heads, every State function has undergone some change for the better.

But, there is one area of state government that I have not mentioned thus far; and not because it is the least important, but because it is the most important. I am talking about public education.

You will recall that when we were in the midst of a serious teacher shortage in 1966, professional educations, public officials, political candidates, the news media and others predicted that this teacher shortage would become critical by the fall of 1967, and that education in Georgia would be crippled.

I promised the people of Georgia that this would not happen.

And, with the help of you in the General Assembly, we were able to increase salaries for teachers and professors more in two years than in any previous four-year period, and more than any other southeastern state during that period, thus averting a potential crisis.

We have also been able to make advances in our area vocationaltechnical education program which make this system second to no other
in the nation.

TUESDAY, JANUARY 13, 1970

31

Not only do we have an outstanding system of area vocationaltechnical schools throughout the State, but we have made tremendous increases in the number of high schools offering vocational-technical programs.

We have expanded and improved our system of educational television to make it equal to the finest in the entire southeast.

Expansions have been made in the educational programs for exceptional children, for those in our retardation centers, in our mental institutions and in many of our penal operations.

Education provides the heartbeat of our economy, of our culture and of our civilization.

And, I know that you are proud of the great strides we have made in education and I believe you will agree with me that these advances in the various areas of education contribute more than any other single factor to the industrial revolution we are now enjoying in America.

But, at this very moment, the heartbeat of Georgia, public education, is threatened and with it the education, safety and liberty of our children throughout Georgia and America.

Public education in Georgia and elsewhere in America has fallen under the strong arm of a federal police state which demands that we surrender our children and grandchildren, their teachers and their schools and our communities, as outlined by the communist enemies of our children and America in their platform of 1928.

The communists have worked to implement this program for 42 years and have met with great success because presidents, governors, congressmen, Supreme Court justices, state legislators and others, either knowingly or unwittingly, have fully supported their demands.

At this moment, public education in Georgia and America faces a crisis of unprecedented magnitude.

Children, teachers and parents are having their God-given and constitutionally granted liberty and freedom stolen from them by a national government that has gone mad and by governors, legislators, other elected public officials, top educators, and, yes, those who campaign for such offices who go along with the demands of cowards in our government the socialists and the communists who demand the enslavement of our children, their teachers and the takeover of public education.

All during the past fifteen years, I predicted that our national government would follow the communists' demands to place public education under a police state in America unless parents, educators and public officials united to protect our children, preserve local control of education and defend the United States Constitution.

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JOURNAL OF THE SENATE,

I stated many times that the communist demands to close schools, bus students, transfer teachers and the resulting crime, immorality, chaos, disorder and down-grading of education and America would be our fate unless governors, legislators, congressmen, other elected officials and parents united and demanded that state and local governments and local systems of education be strengthened and preserved.

For having warned about what would take place, I have been laughed at, ridiculed, ostracized and labeled a lunatic, a demagogue, an extremist and a redneck. And, not in all the history of Georgia has one man been so lied about, treated so dishonestly, unfairly and with such prejudice, hate and bitterness by major local news media. They have used rumors, analyses and views in their news stories and editorials to try to destroy Lester Maddox, even if in doing so they hurt our wonderful State.

And the only thing I have done to warrant the hatred of the press that causes them most of the time to spread news that would reflect unfavorably against Lester Maddox and pass by most that would reflect favorably, is to publicly and unashamedly profess my faith in God and love for my country, while taking a public stand for preservation of local control of education, the rights to private property and American private free enterprise.

Yes, mine was a lonely voice, but no more.
Georgians have now come face to face with the reality that everything I said would happen, relative to education and our children, is upon us.

Our schools are being destroyed, our children are being treated as animals and our teachers are being forced into involuntary servitude in violation of the United States Constitution. And they finally realize that unless we return to local control of education, freedom of choice is restored and our courts turn back to the United States Constitution, America, itself, will shortly go down the drain as a free republic.

Who brought on these conditions ? Presidents, governors, congressmen, legislators, and other elected officials and candidates for those offices who just plain don't have the guts and patriotism and love for our children needed for them to be Americans first and politicians later.

Sure, we have provided the dollars, bricks and mortar, which were made available by the people. I am here to tell you that politicians have generally placed the greater emphasis on dollars, material values and self and one another.

And America has been forgotten.

Our children are being ignored.

And what is right and needed to preserve freedom and this great country has been sidetracked by too many public officials.

TUESDAY, JANUARY 13, 1970

33

Even at this moment the voices are few and faint from our own State House. Elected public officials in and out of the Georgia General Assembly seem afraid to be counted for local control of education and for our children black and white their safety and welfare.

I thank God for private education and I am thankful that so many are so blessed with the ability to send their children to private schools thus protecting them from the intolerable conditions facing children in many public schools. But, when public officials and candidates for public office think so little of public schools as to flee with children to exclusive private schools and then urge less fortunate parents and their children to surrender to the "police state' over public education, it is the most sickening, most disgusting and the most reprehensible brand of hypocricy. Such politicians have no business being elected to, or serving in, any public office.
Any such man who demands for others and their children and grandchildren what he would not tolerate for his own is a coward and a hypocrite of the first order.

We see students marching, trying to save their schools, their education and their country, because of such hypocrites.

The fact that they are marching says that we, of our generation, have failed them.

We have provided the dollars and the bricks but not the guts, the patriotism, the courage and the leadership that we should have.

And providing the dollars, the bricks, the buildings, the highways and all other material values will pale into insignificance if we fail our children in this present crisis.

I'm here to tell you, my fellow Georgians and my fellow public officials, that the people of this State, after seeing what is happening to their children, to their communities, to their schools and to their investments, are fed up.

They're sick and tired of seeing their liberty and their freedom go down the drain.

And they're disgusted with public officials, whoever they might be, who do not have the guts to speak up for their children, for their communities, for the survival of public education and for their rights as citizens of what is supposed to be a free country.

The people care about what happens to their children.

They want them protected so that they can grow up to be free citizens who love their country. And the citizens want your help. They are demanding it. They deserve it.

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JOURNAL OF THE SENATE,

The people who elected us to public office care about what happens to their schools. They care about what happens to their communities. They love their liberty and they want it defended and preserved not surrendered by public officials.

They care about what happens to their country and to its Constitution.

They care.

And they're fed up with public officials who don't care.

They have a right to be fed up. And I'm fed up, too.

It is time, my friends, for every elected official, every educator, every teacher, every State House official, and, yes, for the Georgia General Assembly to say to the boys and girls in our schools and to their parents: "We, too, love our children, their schools and their communi-
ties, for they are our children, our schools and our communities."

We can tell them by sending a message to the President telling him to assume the position of leadership he said the President should in turning back federal control and the federal police state over education, rather than the position of leadership he now offers to those who strike down freedom of choice and local control of education.

And we must tell Georgia's boys and girls that we stand with them by calling upon the Congress to cease action on all legislative matters until "freedom of choice" is restored and the federal police state is removed from public education.

I'm begging I'm pleading with the members of this august body and with other State House officials to join in the effort by these children, by these teachers and by these parents, both black and white, to defend and protect their schools and their education.

For, without freedom of choice for both students and teachers, there can be no freedom for any American.

Let us go from these great halls today and tell these boys and girls that we will no longer charge them with the responsibility of upholding the United States Constitution and defending the rights of all Americans, but that we will finally assume the responsibility that we have so long neglected.

I know this is an election year, but this crisis demands that we cast aside all political considerations and all personal considerations and that we consider only our responsibilities to our people.

We must take our stand in such a way that not only our fellow Georgians, but people throughout the nation, will look and listen and be filled with hope, with encouragement and inspiration.

TUESDAY, JANUARY 13, 1970

35

We must let them know that in Georgia, there has been a rebirth of commonsense government.

God help the members of this General Assembly to rise to this challenge.

May God help our children if you don't.

Even though we are face to face with this most important of all issues a threat to all we hold dear things do look good in most other areas.

We have made progress; we have moved forward; we have kept the fire going. And, while I know that you are all proud of these accomplishments and improvements in government, as I am proud, I cannot believe that you are satisfied.

I know that Lester Maddox is not satisfied.

I'm not satisfied, because I know that we could have done more, we should have done more, and now, we must do more.

With all the progress that we have already made, if we will now meet our responsibility to the Georgia people with courage, foresight and true statesmanship, this could be recorded as the greatest period of progress in Georgia's history.

We could do that for the people who elected us to the high offices we hold.

I know that this is an election year, and decisions come more slowly when the weight of the electorate hangs heavy over our heads, but duty to the people demands that we put political considerations aside and base our decisions on one premise what is best for the citizens of Georgia.

In my Budget Message on Thursday, I will outline to you a program which will test your courage, test your determination and test your
statesmanship.

I believe you will pass the test by passing most of this program for progress. I realize the awesome responsibility which you have and I wish you well.

I want you to know that I will work with you in every way possible to better serve the people of Georgia.

To accomplish that end, I will strive to keep an open door, an outstretched hand and an open mind.

I am willing to give and take to get the job done.

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JOURNAL OP THE SENATE,

As long: as I am not required to compromise in my duty to my God, to the people of Georgia and to my family, I am willing to try new ways, reexamine old ways and seek a common ground. I ask and expect no more and no less of you.

Believing as I do that state government in Georgia belongs to all the people and does not belong just to Lester Maddox, nor any other individual, not just to Democrats, Republicans, Independents, whites or blacks, rich or poor, and not just to the young or the old . . .

And, believing that state government is dutybound to serve equally,

^

and without fear or favor, small cities and counties, as well as large

cities and counties, the Maddox Administration has been able to be fair

with all of Georgia and with all Georgians.

This is so because no individual, no political party and no special interest group can come into the Governor's office and force demands upon me which I believe not to be in the best interests of all citizens.

7ti,

I am free to make my own decisions.

I am free to be fair.

And, with God's help, we will continue to do what is right for all Georgians.
And, because the question is often raised as to what makes Lester Maddox tick, there is something else I want you to know.
Ladies and gentlemen of the General Assembly, not only am I a Christian and proud of it, as I know those of you of other faiths are proud of your religion, but I am also an American who loves his state and his country and who is proud to be a citizen of Georgia and of these United States.

My only regret is that I haven't done more to serve my God and my country.
I have never been the Christian, the citizen, the husband, the father nor the governor I want to be and ought to be.

But, just as I have in the past, and as I do now, I will keep praying to God that He give me wisdom, that He strengthen my faith, help me to follow His ways, and that He use me for His glory and forgive my sins.

And, I'll be praying that God do the same for my family and for you and your family.

To give you the basis of this faith, let me tell you something that happened just a few short years ago. Without any knowledge as to how I got there, I found myself in a hospital bed in what appeared to be a very serious condition. The news from the doctor was not good.

TUESDAY, JANUARY 13, 1970

37

My family was saddened and disturbed, but it caused me no great alarm, because I was thankful for the many years we had had together, for it could have been only half as many years, or none at all.

So I prayed, "Dear God, if You can use me better in death than in. life, and if it be Your will that I die, than I am ready; but if Your will is that I live, that You can use me better in life than in death, and I leave this hospital bed again, then I will spend whatever additional life I am given doing my best for You and seeking Your way in my life."

And I prayed further, promising God that if I did leave that bed alive, I would also spend the rest of my life speaking loudly and standing strongly for liberty, America, constitutional government, the right to private property, private free enterprise and honesty and morality in life.

This is where I stand, and from this position I will not retreat.

I realize that some of the things which I say and do are not what you would ordinarily expect of a governor. But, you see, I place my faith in God and what I believe to be right ahead of politics and ahead of self.

And, I will be following this philosophy and this belief later this week when I outline my legislative program to you.

May God grant each of us the wisdom to give in when we are wrong and the courage to keep fighting when we are right.

Thank you.

Senator Holloway of the 12th 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 stood adjourned until 10:00 o'clock A. M. tomorrow.

38

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Wednesday, January 14, 1970.

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th 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 Holloway of the 12th 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. 5. Reading and adoption of Senate and House resolutions.

The consent was granted.

Scripture reading and prayer were offered by John Haggai, President, Evangelism International.

The President announced as the doctor of the day, Dr. Joe C. Stubbs.

Senator Young of the 13th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

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

SB 298. By Senators Coggin of the 35th and Plunkett of the 30th:
A bill to implement the provisions of the Federal Intergovernmental Cooperation Act of 1968; to change the name of the State Planning and Programming Bureau; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

WEDNESDAY, JANUARY 14, 1970

39

SB 299. By Senator Kidd of the 25th:
A bill to amend an Act creating the "Georgia Real Estate Investment Board", so as to change the compensation of said Board by providing for additional members and their appointment; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SB 300. By Senator Andrews of the 49th:
A bill to amend an Act prohibiting the sale, delivery, and exhibition of certain harmful materials and practices to minors, and providing procedures for enforcement and declaratory judgments; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 301. 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 holidays; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SB 302. By Senator Kidd of the 25th:
A bill to amend the "Uniform Act Regulating Traffic on Highways", to provide that it shall not be mandatory that the Department of Public Safety suspend the license to operate a motor vehicle of any person failing to submit to certain chemical tests; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 303. By Senator Broun of the 46th:
A bill to authorize State, municipal and county law enforcement officials to investigate, report upon and bring charges for automobile accidents and motor vehicle violations occurring on property of shopping centers, even though such property is private; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 304. By Senator Broun of the 46th:
A bill to provide that whenever any person is convicted for the third or more time of a crime designated as a felony by the laws of Georgia, he shall be sentenced to life imprisonment; to provide that this Act shall not apply to convictions for crimes which are felonies in other

40

JOURNAL OF THE SENATE,

states but which are not felonies in the State of Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 305. By Senator Broun of the 46th:
A bill to amend Code Section 38-415, relating to the right of a criminal defendant to make an unsworn statement, so as to provide that in all criminal trials the defendant shall have the right to make such statement as he shall deem proper in his defense, but such statement shall be under oath; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 306. By Senator Broun of the 46th:
A bill to require railroad companies or corporations to keep their rights-of-way cleared for at least 50 feet on either side of any road, street or highway intersecting same, so that the view of any motorist approaching any said right of way will not be obstructed by shrubbery; to provide penalties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities & Transportation.

SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others:
A bill to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an Act of God or unforeseen events; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others:
A bill to amend an Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 309. By Senators Miller of the 43rd, Fincher of the 54th, Hudgins of the 15th and others:
A bill to provide that the State Board of Health include certain requests for financing a program of alcoholic and drug addiction rehabilitation;

WEDNESDAY, JANUARY 14, 1970

41

to create a State Advisory Board on Alcoholic and Drug Addiction Rehabilitation; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SR 192. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony three or more times shall be granted a pardon, parole, commutation of sentence or removal of disabilities, except upon approval of the Georgia State Senate by a majority vote of the members thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Judiciary.

SR 193. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to classify real property as a separate class of tangible property for taxation purposes, and to provide that such property's value shall be determined in accordance with the use to which such property is being devoted by the owner; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Banking and Finance.

SR 194. By Senators Bateman of the 27th, Tysinger of the 41st, Starr of the 44th and others:
A resolution urging the Atlanta Mayor and Board of Aldermen, the commercial airline companies servicing Atlanta and the Federal Aviation Administration to locate the second Atlanta area airport at Site "D", in Henry County; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.
SR 195. By Senators Bateman of the 27th, Tysinger of the 41st, and Adams of the 26th:
A resolution proposing an amendment to the Constitution so as to provide that the salary and allowances of any elected State Officer may not be increased during the term to which such officers are elected; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Judiciary.
The following bills and resolutions of the Senate were read the second time:

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JOURNAL OP THE SENATE,

SB 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A bill regulating the sale of flue-cured leaf tobacco in this State, so as to redefine the regular selling season; to remove the provisions establishing a minimum number of selling days; to change the maximum number of selling hours; to repeal conflicting laws; and for other purposes.

SB 292. By Senator Dean of the 6th:
A bill to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, so as to change the method of selecting the legal organ in certain counties in this State; to repeal conflicting laws; and for other purposes.
SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory Board; to repeal conflicting laws; and for other purposes.
SB 294. By Senator Vann of the 10th:
A bill to provide that the produce of any tree or plant remains the property of the owner or lessee of the land upon which the tree or plant is located; to provide that the produce of a tree located upon the right-of-way of any public road shall belong to the owner of the property located in closest proximity to the tree; to provide that it shall constitute a violation of Code Section 26-1802; to repeal conflicting laws; and for other purposes.
SB 295. By Senator Abney of the 53rd:
A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; to repeal conflicting laws; and for other purposes.
SB 296. By Senator Abney of the 53rd:
A bill to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; to repeal conflicting laws; and for other purposes.

SB 297. By Senator Abney of the 53rd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of

WEDNESDAY, JANUARY 14, 1970

43

Walker County, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; to repeal conflicting laws; and for other purposes.

SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the 34-man Industry-Wide Flue-Cured Tobacco Marketing Committee to permit the Georgia-Florida flue-cured tobacco belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; and for other purposes.

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the United States Department of Agriculture Crop Reporting Service to reassess the methods and techniques used in determining tobacco crop estimates; and for other purposes.

SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging Georgia tobacco farmers to plant old-line, highquality varieties of tobacco; and for other purposes.

SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the Georgia-Florida Tobacco Warehouse Association to consider taking steps to police and hold to a minimum the sale of out-of-belt tobacco on Georgia warehouse floors during the regular selling season; and for other purposes.

SR 187. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the 34-man Industry-Wide Flue-Cured Tobacco Marketing Committee to add three new additional members from the Georgia-Florida-Alabama producing area; and for other purposes.

SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and others:
A resolution urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; and for other purposes.

SR 191. By Senators Plunkett of the 30th and Webb of the llth:
A resolution creating the Heroes of Georgia Commission; and for other purposes.

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JOURNAL OP THE SENATE,

The following report of a standing committee was read by the Secretary:

Senator Broun of the 46th, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia 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 86. Do pass. Respectfully submitted, Senator Broun of 46th, Chairman.
Senator Holloway of the 12th moved that the Senate stand adjourned after the Joint Session until 11:00 o'clock A.M. tomorrow and the motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the hall of the House of Representatives, and the Joint Session, called for the purpose of hearing an address by the Honorable Herman E. Talmadge, was called to order by the President.
The Clerk of the House read HR 515 authorizing the Joint Session of the Senate and the House.
Accompanied by Governor Lester G. Maddox, the Committee of Escort, and other distinguished guests, Honorable Herman E. Talmadge appeared upon the floor of the House.

The Lieutenant-Governor presented Governor Maddox, who introduced Senator Talmadge.

Senator Talmadge addressed the Joint Session as follows:
GOVERNOR MADDOX, LT. GOVERNOR SMITH, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE GENERAL ASSEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN, MY FELLOW GEORGIANS:
It is always a distinct pleasure to be a guest of the Georgia General Assembly.
I feel at home in this chamber.

WEDNESDAY, JANUARY 14, 1970

45

I feel on solid ground here among representatives of the people of the great State of Georgia.

This is a rewarding climax for my brief but highly enjoyable return to Georgia for the Congressional adjournment.

Having just returned from the tax war in the Senate and barely
making it home in time for Christmas, I don't mind saying that I needed a rest.

The tax bill in its original form stepped on the sore toes of just about everyone. This was complicated by everyone's idea about how to achieve tax reform: raise the other fellow's, but lower mine.

The Tax Reform and Revision Bill was by far the most significant legislation passed last year. It completely rewrote about one-third of the entire Internal Revenue Code.

It required four months of day and night work. The conference committee, on which I served, met five consecutive days from early in the morning until late at night.

One session ran until past 3 a.m. Betty had no way of getting through to me by telephone, or I to her. By the time that I finally arrived home about 4 a.m. which is about the time that I usually get up Betty was pacing the floor, not knowing whether I had been robbed and killed, or abandoned her.

The new tax law will have two major salutory effects:

One, to levy a greater burden on those who have not been paying their fair share of taxes.

Two, to relieve the tax burden on people in the low and medium income brackets who have been paying more than their fair share.

Congress has been accused of dragging its feet on new legislation. I don't agree. I think Congress has correctly read the mood of the country. We have had too many far-reaching programs too fast. The people need time to digest them and to correct many of their weaknesses.

A short time ago, there was a national magazine article about the growing unrest among the middle class society in America. One Washington liberal's answer to the problem was this, and I quote:

"We need more programs for the middle man."

By that I assume he meant federal programs. If that is what he had in mind, considering some of the programs the country has already been saddled with, I have to disagree again.

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We don't need any more grandiose programs from the national level that lead people to believe that the government can do marvelous things for everyone overnight.
We have had too many already.
I can tell you what we do need. This is what I believe the middle man of America wants.
He wants to be left alone
to be able to live and work. to educate his children as he sees fit. to enjoy the fruits of his labor, and not have it handed around like plums.

And he wants everyone else to do the same.

This, to my mind, is what the so-called silent majority wants. I know it is what an overwhelming majority of Georgians desire.

Call them middle class or whatever. I have great faith in these people. They are the men and women who have helped put our State where it is today. I have been very close to the people of Georgia
for more than a quarter of a century. I have great respect for their wishes and desires. I know firsthand of their determination.

Some of the happiest days of my political career were spent as Governor of Georgia. I am proud of what the General Assembly and I were able to accomplish during the Talmadge administration.

I am proud of the many programs we instituted especially in the field of education that have been carried forward to the present time.

I can say with humble appreciation to the General Assembly and the people of Georgia that a generation of Georgians are today beneficiaries of these programs.

Many of you here today are well aware of conditions in Georgia in the late 1940's. State services and functions were either totally lacking or dismally insufficient. Economic progress for the State and most of its people was virtually nonexistent.

There was no mistaking the need. We all knew what had to be done.

It can be said, I believe, that Georgia at this time in its history began the turn toward more growth and prosperity for all of its people.

This State has not stopped growing and prospering since. New records in industrial development . . . personal income . . . educational

WEDNESDAY, JANUARY 14, 1970

47

improvements, in the common schools and at our colleges and universities, are being set each year.

One of the most encouraging signs is that the out-migration of the best and the youngest of our people has been reversed. We still have some. But Georgia today is attracting brainpower and economic power from all over the country. There is hardly a major business or industrial concern in the entire United States that does not now have an interest or operation in Georgia.

This, of course, means more jobs. It means higher wages. It means more and better schools.

In short, it means more health, happiness, and prosperity for every man, woman, and child of this State.

For all the work, for all the trials and tribulations, and for all of the accomplishments of the past two or three decades, we are yet confronted with problems today that defy the imagination and stagger the treasuries of our states and nation.

I must admit that few if any of us fully foresaw some of the long range problems that were just starting to take shape in the years following World War II.

Most of the critical issues that we face today in our cities, counties, states, and at the national level were then still in their infancy.
urban problems. welfare problems. congestion and transportation. health, housing, pollution.

All of these and many more pressures were just beginning to emerge.

Now they have become so intense that I do not believe anyone has an effective solution immediately at hand.

But I do know this. It will take all the combined resources of our federal, state, and local governments to find answers. No single agency will be able to do it alone.

I am one who believes that we cannot allow social decline to continue at its present rate.

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Every morning, we approach the newspaper with trepidation. Here we get a daily ration of news that literally turns the stomach.
racial conflict. civil disorders. crime and lawlessness. poverty. foul pollution of the air and water.

These and other forms of unhappiness unfortunately have become characteristic of our society today.

We may as well face up to the unpleasant truth. We have had several decades of growth that was not very planned and progress that sometimes seemed chaotic.

It will test the best in all of us in order to straighten things out. Yet somehow it must be done. We cannot afford to fail.

Twenty or 30 years ago "people" problems were primarily regarded as local problems.

There were only a little more than 125 million people then. Local and state government appeared adequate to deal with their concerns and problems.

More important, most of these 125 million people stayed put in those days.

Problems caused by population mobility, particularly the great move to the cities, had hardly begun to take root.

Once the great movement got underway in full force, it brought pressures and crises that today shake this nation to its very core.

This is especially true in urban areas not just in the heavily populated East, Midwest, and Far West, but right here in Georgia as well.

One hundred eighty million Americans today live better than any other people in all human history. We have more jobs at higher wages. Profits climb higher and higher. We have had more than 90 consecutive months of national economic growth. Our people have more opportunity for quality education, more leisure time, better health, fine homes and abundant food, more cars and more TV sets, and more of
just about everything.

Yet, the other 20 million Americans despair in poverty.

WEDNESDAY, JANUARY 14, 1970

49

The ills of our nation are often discussed in terms of the urban problem. A Presidential Commission wrote a book about the rural problem.

What we are experiencing are the results of a long-time combination of both problems.

Some people take the view that urbanization is necessarily going to continue. They say that industrial complexes naturally attract people out of rural areas, and people like to live in cities.

They even contend that movement out of many rural areas to the city even to a slum area brings better welfare, better schools, and better everything compared to the situation before.

I don't buy that at all. Anyone who does has not been very much aware of what has been going on in most of our large urban centers like Chicago, Detroit, Cleveland, Philadelphia, Los Angeles and more than 100 other cities throughout the nation, the South included.

It is also noteworthy that reliable national polls indicate that a large majority of the people prefer to live in rural, small-town atmospheres.
In any event, I find it very difficult to defend migration to the cities on grounds that it offers people something better than they had.
What millions upon millions of people have done over the years is swap rural poverty for urban poverty. They came from small town deprivation to ghetto hopelessness.

There is nothing wrong per se with mobility in pursuit of employment.
provided the movement of people is to places where the jobs are.
provided the people are able to fill the jobs when they get there.

This has not been the case.

An overwhelming majority of the people who abandon farm work and the country to go to the city are ill-equipped for a job.

They often cannot get any kind of work at all. And when they are able to find something, it is unsatisfactory. And it is temporary.

The end result is ghetto confinement. Frustrations increase. They blow up, as they have done in city after city all across America.

I submit that virtually every aspect of the urban crisis poverty and welfare, unemployment, crime, housing and health can be traced to the migration from rural America.

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Both the cities and the people lack the wherewithal to do much more than just exist from one crisis to the next.

The people are unable to cope with the cities. Cities are unable to cope with the people. The people came ill-prepared. The cities were ill-prepared to receive them.

Call it lack of planning, faulty foresight or what you will. This nonetheless, in abbreviated fashion, just about sums up the problem.
It has been a double-edged word.
The out-migration has taken away the best from the rural areas, thereby draining them of brain power and resourcefulness.
Rural areas also have sent the worst to the cities, the uneducated, the untrained, the future welfare cases.

I do not mean to disparage cities. We cannot build a fence around them to keep people out, and do not want to.
But I do believe in the great importance of future planning and action to curb as much as possible any further over-crowding.
I do think we can and must avoid perpetuation and compounding of already critical social and economic problems.
We can mount more comprehensive welfare programs.
We can take more stringent and expensive measures for the suppression of crime and civil disorder.

We can increase and proliferate the vast array of housing and public health programs.

In fact, we are doing all that now, at great cost to federal, state and local governments.

This is remedial action. It is treatment to ease the suffering from an illness that began a generation or more ago.

But this is only applying salve to the sore. The time is long overdue for the federal government, for the states, for every local authority
to ask:

How much longer do we intend to go on this way?

How much more money are we going to spend, how many more programs are we going to install, for the alleviation of symptoms, before we start doing more about basic causes?

WEDNESDAY, JANUARY 14, 1970

51

Our economic way of life and the free enterprise system means the right to contribute to, and share in, the nation's growth.

That is basis. The hitch is that far too many of our citizens, urban and rural, for a variety of reasons, have not had and do not now have an opportunity to share in the rewards of this system.
I am talking about jobs. I mean the opportunity for everyone, whether he lives in the small town or the big city, to grow and advance.
I mean for a man to be given more of an opportunity to earn for himself enough money to care for his family and educate his children.
This is going to come from increased industrial development. It will result from more education and more job training. Georgia already excels in these areas, especially in its network of excellent schools and splendid vocational-technical training centers all across the State. But we are nowhere near the goals we seek.
We won't be there until every single citizen of the State of Georgia, be he white or black, man or woman, has an adequate opportunity to become the object of self-support rather than an object of welfare.

Our economy has demonstrated a phenomenal ability to create more jobs for more people. These opportunities will continue to increase.
But are we doing all that we can to make them available to people who need them the most? Are we putting job opportunities in places where they are most needed?
That is the challenge.
When we have met it, then we will have come a long way toward solving what we now refer to as the urban crisis and the rural problem.
Most of you have heard me say this before. It bears repeating today. What benefits urban Georgia benefits rural Georgia, and vice versa.
It is true of Georgia as it is of our nation: we either pull together and grow together as a single unit striving to attain a common goal for the good of all, or we run the risk of ultimately falling apart in bits and pieces.

Senator Holloway of the 12th 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 stood adjourned until 11:00 o'clock A. M. tomorrow.

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JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Thursday, January 15, 1970

The Senate met pursuant to adjournment at 11:00 o'clock A. M. today, and was called to order by the President.

Senator Eldridge of the 7th 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 Holloway of the 12th 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. 5. Reading and adoption of Senate and House resolutions.

The consent was granted.

The President announced as the doctor of the day, Dr. F. W. Dowda, and as the nurse of the day, Miss Jerry Head.

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

SB 310. By Senator Chapman of the 32nd:
A bill to amend an Act relating to a health insurance plan for State Employees, so as to increase the maximum permissible participation and contribution in the health insurance plan for employees by the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 311. By Senators Plunkett of the 30th, Gillis of the 20th and Webb of the llth:
A bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring

THURSDAY, JANUARY 15, 1970

53

assistance and facilities, electrical and plumbing equipment and services to its members"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 312. By Senator Holloway of the 12th:
A bill to amend an Act creating the State Board of Workmen's Compensation, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; to provide for certain exemptions, to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SB 313. By Senator London of the 50th:
A bill to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, so as to change the licensing requirements for poultry processing plants; to provide an effective date; to repeal conflicting laws; and for other purposes
Referred to Committee on Agriculture and Natural Resources.

SB 314. By Senator London of the 50th:
A bill to prohibit the use of red electric lamps or lights, which, when lighted, display flashing or revolving light, upon any motor vehicle except upon law enforcement or firefighting vehicles, or ambulances; to provide penalties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 315. By Senators Smith of the 18th and Bateman of the 27th:
A bill to provide for high moral and ethical standards of conduct for State officials, legislators and employees; to provide for a declaration of public policy; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 316. By Senator Vann of the 10th:
A bill to amend Code Section 32-903, relating to the qualifications of members of county boards of education, so as to provide that no person shall be eligible to be elected or appointed as a member of a county board of education who does not have a child attending a school which is under the jurisdiction of the board on which such person would be serving; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

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JOURNAL OF THE SENATE,

SR 196. By Senator Miller of the 43rd: A resolution commending Robert J. Castellan!; and for other purposes.
Referred to Committee on Judiciary.

SR 197. By Senators Smith of the 18th, Holloway of the 12th and Adams of the 26th:
A resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Commission; to provide for the submission of the amendment for ratification or rejection; and for other purposes.
Referred to Committee on Banking and Finance.

The following bills and resolutions of the Senate were read the second time:
SB 298. By Senators Coggin of the 35th and Plunkett of the 30th: A bill to implement the provisions of the Federal Intergovernmental Cooperation Act of 1968; to change the name of the State Planning and Programming Bureau; and for other purposes.
SB 299. By Senator Kidd of the 25th: A bill to amend an Act creating the "Georgia Real Estate Investment Board", so as to change the compensation of said Board by providing for additional members and their appointment; to repeal conflicting laws; and for other purposes.
SB 300. By Senator Andrews of the 49th: A bill to amend an Act prohibiting the sale, delivery, and exhibition of certain harmful materials and practices to minors, and providing procedures for enforcement and declaratory judgments; to repeal conflicting laws; and for other purposes.

SB 301. 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 holidays; to repeal conflicting laws; and for other purposes.
SB 302. By Senator Kidd of the 25th: A bill to amend the "Uniform Act Regulating Traffic on Highways", to provide that it shall not be mandatory that the Department of Pub-

THURSDAY, JANUARY 15, 1970

55

lie Safety suspend the license to operate a motor vehicle of any person failing to submit to certain chemical tests; to repeal conflicting laws; and for other purposes.

SB 303. By Senator Broun of the 46th:
A bill to authorize State, municipal and county law enforcement officials to investigate, report upon and bring charges for automobile accidents and motor vehicle violations occurring on property of shopping centers, even though such property is private; to repeal conflicting laws; and for other purposes.

SB 304. By Senator Broun of the 46th:
A bill to provide that whenever any person is convicted for the third or more time of a crime designated as a felony by the laws of Georgia, he shall be sentenced to life imprisonment; to provide that this Act shall not apply to convictions for crimes which are felonies in other states but which are not felonies in the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 305. By Senator Broun of the 46th:
A bill to amend Code Section 38-415, relating to the right of a criminal defendant to make an unsworn statement, so as to provide that in all criminal trials the defendant shall have the right to make such statement as he shall deem proper in his defense, but such statement shall be under oath; to repeal conflicting laws; and for other purposes.
SB 306. By Senator Broun of the 46th:
A bill to require railroad companies or corporations to keep their rights-of-way cleared for at least 50 feet on either side of any road, street or highway intersecting same, so that the view of any motorist approaching any said right-of-way will not be obstructed by shrubbery; to provide penalties; to repeal conflicting laws; and for other purposes.

SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others:
A bill to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an Act of God or unforeseen events; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others:
A bill to amend an Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway

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Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes.

SB 309. By Senators Miller of the 43rd, Fincher of the 54th, Hudgins of the 15th and others:
A bill to provide that the State Board of Health include certain requests for financing a program of alcoholic and drug addiction rehabilitation; to create a State Advisory Board on Alcoholic and Drug Addiction Rehabilitation; to provide for the composition of the Board; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

SR 192. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that no person who has been convicted of a felony three or more times shall be granted a pardon, parole, commutation of sentence or removal of disabilities, except upon approval of the Georgia State Senate by a majority vote of the members thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 193. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to classify real property as a separate class of tangible property for taxation purposes, and to provide that such property's value shall be determined in accordance with the use to which such property is being devoted by the owner; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

SR 194. By Senators Bateman of the 27th, Tysinger of the 41st, Starr of the 44th and others:
A resolution urging the Atlanta Mayor and Board of Aldermen, the commercial airline companies servicing Atlanta and the Federal Aviation Administration to locate the second Atlanta area airport at Site "D", in Henry County; and for other purposes.
SR 195. By Senators Bateman of the 27th, Tysinger of the 41st, and Adams of the 26th:
A resolution proposing an amendment to the Constitution so as to provide that the salary and allowances of any elected State Officer may not be increased during the term to which such officers are elected; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

THURSDAY, JANUARY 15, 1970

57

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 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 46. Do not pass. SR 9. Do not pass.
Respectfully submitted, Plunkett of the 30th District, Chairman.

Senator McGill of the 24th District, Vice Chairman of the Committee on Agriculture & Natural Resources, submitted the following report:

Mr. President:

Your Committee on Agriculture & Natural Resources has had under consideration the following bills and resolutions of the Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:

SB 291. Do pass. SB 293. Do pass. SR 183. Do pass. SR 184. Do pass. SR 185. Do pass. SR 186. Do pass. SR 187. Do pass. SR 188. Do pass.

Respectfully submitted, McGill of 24th District, Vice Chairman.

Senator Spinks of the 9th District, Chairman of the Committee on Business, Trade and Commerce, submitted the following report:

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Mr. President:
Your Committee on Business, Trade and Commerce has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report same back to the Senate with the following recommendations:
SB 266. Do not pass. Respectfully submitted, Spinks of the 9th District, Chairman.

Senator Brown of the 47th District, Acting 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 292. Do pass. SB 295. Do pass. SB 296. Do pass. SB 297. Do pass.
Respectfully submitted, Brown of 47th District, Acting 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 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 307. Do pass.

SR 191. Do pass as amended.

SR 194. Do pass by substitute.

HR 196. Do pass.

Respectfully submitted,

Smith of 18th District,

Chairman.

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59

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:

Mr. President:

Your Committee on Highways has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 308. Do pass.
Respectfully submitted,
Hensley of 33rd District,
Chairman.

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

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 Patton Pennington Plunkett
Reeder Reynolds

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th
Spinks Starr Stephens Trippe Tysinger Vann Walling
Ward Webb Young Zipperer

Scripture reading and prayer were offered by the Reverend Robert Marshburn, pastor, Doraville Presbyterian Church, Doraville, Georgia.

The following resolution was read and adopted:

SR 201. By Senators Gillis of the 20th, Kidd of the 25th, Kennedy of the 4th and others:
A resolution expressing regret at the passing of Honorable Emory L. Rowland; and for other purposes.

The President appointed as a Committee from the Senate to attend the funeral the following:

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Senators Gillis of the 20th, Chairman, Cox of the 21st, Padgett of the 23rd, Kidd of the 25th and Kennedy of the 4th.

Senator Chapman of the 32nd moved that the following bill of the Senate be withdrawn from the Committee on Health and Welfare and recommitted to the Committee on Temperance.

SB 309. By Senators Miller of the 43rd, Pincher of the 54th, Hudgins of the 15th and others:
A bill to provide that the State Board of Health include certain requests for financing a program of alcoholic and drug addiction rehabilitation; to create a State Advisory Board of Alcoholic and Drug Addiction Rehabilitation; to provide for the composition of the Board; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

On the motion to recommit, the ayes were 37, nays 0; the motion prevailed, and SB 309 was recommitted to the Committee on Temperance.

Senator Carter of the 14th moved that the Senate stand adjourned after the Joint Session until 9:00 o'clock A. M. tomorrow and the motion prevailed.

The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the Budget Message by His Excellency, Governor Lester G. Maddox, was called to order by the President of the Senate.

HR 513 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 Excellency, the Governor, to the General Assembly.

His Excellency, the Governor, addressed the General Assembly as follows:
LIEUTENANT GOVERNOR SMITH, SPEAKER SMITH, DISTINGUISHED MEMBERS OF THE GEORGIA GENERAL ASSEMBLY, HONORED GUESTS, LADIES AND GENTLEMEN OF THE RADIO AND TELEVISION AUDIENCE, FRIENDS, FELLOW GEORGIANS AND MY FELLOW AMERICANS:
On Tuesday of this week, you honored me with the opportunity to deliver to you and the people of Georgia my State of the State message.

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61

I appreciate, once again, this opportunity to come before you, the distinguished elected representatives of the people and present to you for your study, deliberation and full consideration my Budget Message
one to which I have given long hours of preparation and thoughtful consideration.

At this time, I want to pay tribute to a fine Georgian who was a friend to us all.

I am grieved as I speak to you over the loss of my friend and budget officer and a former member of the Senate and House, the
Honorable Wilson B. Wilkes, who labored at my side for nearly three years and who worked with me on this budget. I shall miss his friendly counsel and quick intellect. He was a public servant in the truest sense of the word.

HONESTY, EFFICIENCY AND MORALITY PROMISED

Before I make my recommendations and proposals that I am convinced will carry our State to her greatest heights and mark her for truly outstanding leadership in this great nation, I want to talk to you, and to my fellow Georgians who are listening over statewide radio and television, about the business operations of your state government.

As a citizen and businessman who has devoted much of his life to a businesslike and efficient operation, whether it be in government or in business, I want to outline to you how this Administration has worked, and will continue to work, in protecting the dollars and best interests of the people of this State. I do this to assure you and our constituents that the dollars I shall ask for in this Budget Message shall be under the same watchful eye.

As a candidate for governor, I promised honesty, efficiency and morality in state government such as had not been witnessed in 20th century Georgia.
Upon taking office as governor, in too many places I saw waste, inefficiency and, in some places, an utter contempt for real economy. I found coverup of wrongdoing as a normal practice, rather than the exception. The interest of the taxpapers was ignored and some officials and others had covered up for so long that they thought it was right to cheat the taxpayers.
This Administration declared war on such practices.
One of my first budget requests as governor of Georgia was for funds which enabled us to establish, for the first time, a long-needed management analysis section in the Budget Bureau. Economy experts in this section have made extensive studies of costs, methods and personnel utilization in the various state agencies and have helped to eliminate many of the costly duplications of services, inefficient operations and unbusinesslike practices which had accumulated over the years.

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INVOLVEMENT OF THE PEOPLE

As I promised all Georgians, this has been a people's administration from the beginning, and the good, patriotic and honest citizens
Democrats, Republicans and Independents those who supported and those who opposed my candidacy from throughout Georgia and from every walk of life, joined and helped us work to make Georgia a better place in which to live.

Legislators, state house officials, the news media and all Georgia citizens now enjoy more freedom as it relates to the Governor's Office and state government than ever before. All Georgians, for the very first time, are free to look, investigate, question, comment and criti-
cize openly and most of you are taking advantage of this.

In fact, on a few occasions, I feel as though some of you overdo it.
However, I am quick to recognize that some of you may feel the same about me, and when I am finished with what I am about to say, you may be more convinced of that than ever.
HONESTY, EFFICIENCY AND MORALITY PRACTICED

It had always been the practice in state government for gasoline purchases to be made on the basis of political patronage, rather than on the basis of competitive bid. Neither the cost nor the taxpayers were considered. That practice has been ended, and it is estimated that, during this year alone, over six hundred thousand dollars will be
saved.

We found that 130,000 dollars had been taken from an Employees' Credit Union, and even though others knew about the loss, it was not investigated and cleaned up until this Administration assumed office.

For more than 15 years, hundreds of thousands of dollars had been paid out needlessly to private legal firms for retainers, consultant fees, for the handling of bond issues and other routine mat-
ters.

The State Building Authority was set up by the General Assembly in 1951 and, although it disbursed tens of millions of dollars, no regular meetings to conduct Authority business were held.

I was appalled to find that one firm, since 1959, maintained free office and storage space at the Capitol and received over six million dollars in construction and renovation contracts without even one competitive bid. It is my opinion that this one unbusinesslike practice cost the taxpayers over one million dollars.

I also found that a building was bought on Pryor Street in 1966, was renovated without bid at $28.50 per square foot, and, when finished could not have been sold at $18.50 per square foot.

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63

We have a State Employees' Cafeteria, selling generally poor quality food, which I found to be losing three thousand to four thousand dollars weekly. When I complained, I was told that the State was not supposed to make money from the cafeteria operation.

To this I agreed, but I stated that it was wrong for the taxpayers to have to pay $150,000 or more annually for the waste, losses and inefficiency of such an operation.

Although we have reduced some of these losses, it remains a very poor operation, and I will continue to urge Authority members, as I have in the past, to open this lease for competitive bidding. We can do no less if we are to offer State employees better food and the taxpayers a better deal. It is regrettable that the Authority members would permit such a poor operation to continue.

We have removed some people from State payrolls who had drawn checks for years, although working little or none, cheating the taxpayers.

And in regional State operations, where we found the misuse and misappropriation of personnel, supplies and equipment for the benefit of State supervisors or employees, their businesses or friends, we acted promptly and firmly to correct such injustices to the taxpayers of this State.

And the list goes on and on.
I just wanted to cite to you a few specific examples of what this Administration is trying to do to get government to serve the best interests of the people.
But, I also want to express my gratitude to those many faithful and dedicated department heads and employees who have cooperated to the fullest extent and made it all possible. All of us are indebted to the most able career state employees.
Not only have we worked to save tax dollars by insisting upon efficiency in state government, but we are working to save tax revenue everywhere we can. With the legislation passed last year by this esteemed body, Georgia's cities and counties will be able to save untold millions of dollars on their purchases. It is now possible for local governments to buy any article sold to the State at the State's price. A small city government buying one car can get it at the same price that it would cost the State buying a fleet of three or four hundred.
STATE'S FINANCIAL STANDING
It is with full confidence that the Georgia taxpayer is getting a dollar's worth of service for each dollar spent by the State that I now bring you up to date on the financial standing of our state

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government and offer my proposals for insuring the continuation of our extraordinary rate of progress and prosperity.

At the beginning of this fiscal year, we had a little more than 27 million dollars in unappropriated surplus. After deleting 4.3 million of these dollars which were required to be transferred to the Highway Department to reflect the net Motor Fuel Tax collections in the preceding fiscal year, and after adding in some 14.3 million dollars of lapsed funds from the various state agencies, we are left with a total of a little over 37 million dollars in surplus funds available for supplemental appropriation.

SUPPLEMENTAL REQUESTS

In order to meet the immediate needs of state agencies for the remainder of the current fiscal year, I am recommending that the fiscal 1970 appropriations be increased by 3.5 million dollars, which would bring our present appropriation level to 941.1 million dollars.

These additional three and one-half million dollars will provide for the salary increases and contingent expense allowances for judges of the Superior Courts, as required by an Act of the 1969 General Assembly, provide the funds necessary to meet unanticipated increases in roll growth in welfare benefits, and a number of other critical items as you see outlined in the budget document before you.

I am also recommending additional advertising funds for the Department of Industry and Trade and the presiding officers of both the House and the Senate have graciously consented to continue this Joint Session after the conclusion of my speech in order that you might view a short presentation which, I feel sure you will agree, justifies my recommendation.
REVENUE ESTIMATES REVISED
Let's turn our attention, now, to the upcoming fiscal year which begins July 1, 1970.
In order to insure that we always have sufficient funds in the State Treasury to meet the obligations of state government, it is traditional to be somewhat conservative when estimating anticipated revenue receipts. This is only good business.
After a careful analysis of past and current trends in our economy made by economists, professional revenue estimators, members of our State Budget Bureau and by myself, it is a pleasure to report to you that last year we were again conservative when estimating revenue receipts for fiscal '70 and '71. I hope this will continue to be true, so that we will always meet appropriations made by the General Assembly.
By including more recent data in our projections, we have revised the estimate of revenue receipts for the current year to provide an additional 24.8 million dollars.

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65

In considering all available information, we all agree that a safe and a reasonable estimate of anticipated revenue receipts for fiscal '71 is one billion, 25 million dollars, which represents a 10.7 percent increase over our revised estimate of the revenue receipts for fiscal 1970.

It is my considered judgment that any higher estimate would be fiscally unsound, particularly in view of the unsettled state of the economy, the present curtailment of industrial production, the slowdown in housing starts, backed-up inventories and slow sales in some
fields.

With the 14.3 million dollars in lapsed funds, along with the 24.8 million dollars increase in the estimated revenue for the current fiscal year, and with the other unappropriated surplus currently on hand, it is estimated that we will have a surplus of 58 million, 350 thousand dollars by July 1, 1970.
TWO-PART BUDGET
You will notice in the budget document before you that I have divided my recommendations into two categories: The first, which we will call Budget A, contains recommendations for an appropriation of one billion, 82 million, 586 thousand dollars for fiscal 1971.
Following the presentation of Budget A, I will outline to you the proposals contained in Budget B of your document.
BUDGET A PROPOSALS
Let's look, now, at the recommendations contained in Budget A. This is a good budget, and one that has been compiled by hard work and sincere efforts on the part of this Governor, the Budget Bureau staff and the various department heads.

In almost every program being carried on by the State, a certain minimum increase must be provided to continue services at a standstill level.

Our estimate of the built-in increases for fiscal year 1971 is more than 50 million dollars. This increase is brought about by the effects of inflation, built-in wage and salary increases, roll growths, increased school attendance, mandated federal programs and the phasing-in of state institutions.

I consider this item a simple statement of fact, rather than a recommendation as such.
SALARY INCREASES
I am recommending a four hundred dollar across-the-board salary increase for all employees on the State Merit System pay plan, for

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school teachers and other state-supported educational personnel employed by the school systems, and for academic and nonacademic personnel of the University System.

I have chosen this across-the-board method of salary adjustment, in preference to the percentage method of granting salary increases because it is the only fair way.

When special salary adjustments such as this are granted on a uniform percentage basis, with the amount determined by the current salary of an employee, the gap between the low income employees and the higher income employees is widened even further. My proposal, if adopted, will help to avoid the increasing of this inequity.

FOR STATE EMPLOYEES
Actually, when we consider that the last overall adjustments in State employees' pay was back in October of 1968, and that the costof-living index increased 6.5 points during the period of January through November of 1969, alone, it is obvious that the pay increase which I propose will not even compensate for inflation over the two years 1969-1970.
This proposed salary increase is the absolute minimum required. It is not a "get ahead" increase request, but one which, if implemented, will help keep us from falling behind. Since our last pay adjustment for State employees, pay increases from seven to ten percent were granted employees of the Federal government and those of our neighboring states. Also, annual wage and salary increases in major industry and business make it even more imperative that we act, and act now, to maintain our position and protect our investments.
FOR TEACHERS
And, since our last statewide adjustment in teacher salaries in October, 1968, every state adjacent to Georgia has granted their teachers substantial pay increases.
There is no doubt in my mind that the favorable position enjoyed by our State in teacher recruitment at this time is seriously threatened by not having provided a salary increase in the present fiscal year. Failure to implement the minimum wage adjustments I recommend could well be disastrous.
FOR UNIVERSITY PERSONNEL
As you will remember, the Board of Regents increased student fees early last year to help offset the deficit in funds needed for salary increases for University System personnel at that time.

My recommendation of $400 per equivalent fulltime position for salary upgrading is the bare minimum necessary if we are to con-

THURSDAY, JANUARY 15, 1970

67

tinue the fine progress made by the institutions in our University System.
EDUCATION
And, now, we come to a budgetary item of paramount concern, because of its tremendous importance to the majority of the citizens of our State. Of course, I am talking about education.
I am giving highest priority in my budget recommendations to the item of 10.3 million dollars to reduce the pupil-teacher ratio in the elementary grades from 28 to one to 26 to one. I know that you will all agree that an even further reduction in this ratio should be made.
Other major improvements recommended for the Department of Education's budget are:
Five hundred additional teachers and associated expenses for improvement and expansion of special education programs for the mentally retarded, physically handicapped and other exceptional children;

An increase of $100 in the rate of maintenance and operation payments to local school systems;

A $150 annual salary increase for school bus drivers;

An increase in the school lunch grants by one cent per meal to defray drastically increased lunchroom operation costs and to help hold down the price of lunches to the children;

And authority lease rental funds to finance approximately 27 million, 500 thousand dollars in public school construction. I consider this all the more imperative because our present budget for fiscal year 1970 provides no funds for additional or replacement schoolrooms
and buildings.

The total increase for the State Department of Education in this Budget A is 39.3 million dollars, which is nearly 60 million dollars less than requested by that department.

UNIVERSITY SYSTEM

The Board of Regents requested an increase of 48 million dollars for fiscal 1971. I have trimmed this to the bare minimum of 29.3 million dollars.

In addition to the salary increases, these funds will provide for:

Fifteen hundred positions required to meet the growth in student enrollment and instruction load at the current rates and to improve the level of instructional financing; and,

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An additional 979 thousand dollars to finance patient load increases and to provide additional instructional capacity in Talmadge Memorial Hospital.

In order to be ready for the expected enrollment increases from the present 88 thousand to 120 thousand by 1975, I am recommending two million, 500 thousand dollars in authority lease rentals to initiate a building program totaling 27 million, 500 thousand dollars in fiscal 1971. I remind you that the current fiscal year budget does not include any funds for University System building construction.

PUBLIC HEALTH

To continue our nationally recognized progress in the care of the mentally ill, I am recommending authority lease rental funds to be included in appropriations to the Department of Public Health in order that we can begin construction in fiscal year 1971 of a regional mental hospital at Columbus as well as a multi-purpose mental hospital and tuberculosis facility at Rome. These two hospitals have already been delayed too long, and I beg you to delay no longer.
My recommendations for the Department of Public Health also include additional funds to:
Fully air-condition existing facilities at Gracewood State School and Hospital, which is a critical need;

Renovate patients' quarters and establish decentralized admission facilities at Central State Hospital; and,

Provide for improved alcohol and drug rehabilitation programs.

In the medical assistance program for welfare recipients, I am recommending an increase in State funds of 4.9 million dollars, which will generate an additional 12.3 million dollars in federal funds for Medicaid benefits.

The Health Department requested 58.1 million dollars. I cut their request by 28.7 million dollars and am recommending increased funds of 29.4 million dollars.

FAMILY AND CHILDREN SERVICES

In order to help provide for the basic needs of those of our citizens who are either too old, too young, too sick or otherwise unable to provide for themselves, I am recommending that funds be appropriated to provide for:

The anticipated roll growth in the benefits program for the aged, the blind, the disabled, foster children and for families with dependent children; and,

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69

A five-dollar cost-of-living increase for 136,000 aged, blind, and disabled adults, a request which I believe you will find easy to support when you consider that the maximum monthly payment is now only $82.00 and the average monthly payment is a meager $54.00.
I am also recommending that you appropriate 2.5 million dollars to construct a 200-bed security development center for delinquent boys and an increase of three million dollars for grants to counties in the administration of local welfare programs.

CORRECTIONS

In order to bring us even closer to our overall goal, which I am sure you share, of offering men and women in our prisons real rehabilitation rather than just destructive incarceration, I am recommending that funds be appropriated for:

A new prison for women to replace the shamefully inadequate and degrading facility at Milledgeville, which is a disgrace to our State.
And, expanding of the recently-initiated, and already-successful, work-rlease program and building a new work-release center in the Atlanta area.
The Department of Corrections requested an increase of 11.3 million dollars; my recommendation to you is 4.4 million dollars, a reduction of almost seven million dollars.

PUBLIC SAFETY
We are in trouble serious trouble in our Department of Public Safety, and it is costing lives that could be saved, injuries that could be prevented and millions of dollars in property damage which could be avoided.

Georgia led the nation last year in percentage increase of licensed motor vehicles and in percentage increase of gasoline consumption; yet, rather than a critically needed increase in patrolmen in the field, the average number of patrolmen available for traffic enforcement was reduced by recently implemented legislation requiring patrolmen in new programs of traffic safety.

In addition, we are experiencing an ever-rising increase in the number of patrolmen required in areas of civil unrest and elsewhere.

It is this simple: More patrolmen and more lives saved, or no increase in troopers and fewer lives saved.
I recommended funds in my supplemental request for fiscal year 1970 for the immediate recruitment of 25 additional troopers, and I am requesting that you appropriate funds to provide for the employment of 75 more troopers during the first three quarters of fiscal year 1971.

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In the supplement for fiscal year 1970, I have requested funds for five additional GBI agents and funds for another ten are requested in the fiscal 1971 budget.
These men will make up specialized squads to wage war on organized crime and will be especially trained to combat the illegal drug traffic which poses an immediate and grave threat to our State. Our need for these agents and additional patrolmen is urgent. I plead with you for early and favorable consideration.

AGRICULTURE
For the Department of Agriculture, I am asking for half of the 250,000 dollars requested by the Department for authority lease-rental funds, together with 50 thousand dollars in capital outlay funds for modernization and reconstruction of the Farmers' Markets at Thomasville, Macon, Savannah and Augusta and for site improvements and building modernization at other markets.

OTHER DEPARTMENTS
In the budget document before you, you will also find recommendations to meet the minimum needs of Game & Fish; Torestry; Parks; Mines, Mining and Geology; Industry and Trade; Pardons and Paroles; Probation; Veterans Service; Defense; Revenue; Law and other agencies which I will not discuss in detail at this time.
Let me simply assure you that these recommendations, as with the others, are made only after a thorough and conscientious study of the needs of these various departments and agencies and with full consideration given to the need to utilize available revenues in the best interests of the taxpayers.

AGENCY REQUESTS CUT
The amount of increased funds requested by the agencies and departments for fiscal 1971 totaled 291.8 million dollars. I cut this, department by department, after a careful study of each, by 140 million dollars.
I am recommending, therefore, in Budget A appropriations of 153 million dollars over the amount originally appropriated, or some 103 million dollars over the earlier appropriations and built-in increases.

NOT ENOUGH

I have outlined to you my recommendations for expenditure of funds to be available with no changes in the current tax structure. The budget I have outlined will provide for many of the essential programs and steps which are necessary at this time, but these proposals are not enough
Not enough to assure the continued growth and progress to which we aspire

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71

Not enough to enable our municipalities, counties, and school systems and the property taxpayers who support them to survive the severe financial pressures with which they are now confronted

Not enough to provide for progress in education, and in highway construction which the people of this State need and expect.

BUDGET B EXPLAINED

The B Budget in the document before you is not just a frivilous "add on". It is a product of long study, careful planning and a detailed analysis of the needs of our State and of our people.

Let's look at some specifics. Let's look at what this B Budget can do for our people and our great State and what it will take to finance it.

TAX REVISION AND ADDITIONAL REVENUE NEEDED

First, and foremost, I am requesting that you increase the State sales tax from three percent to four percent. This is the tax which most Georgians find to be the most acceptable.

This is true tax revision. It provides a means of revenue other than ad valorem taxes to help finance local education and local government. Failure to provide these funds as recommended will mean that an equal amount will be added to the already heavy burden of the property owner.

Further, the very low income groups will, through sales tax rebate or allowable sales tax credits deducted from income tax liabilities, pay less sales tax under this proposal than under our present three percent tax law. In fact, many Georgians would pay as little as two percent rather than the present three percent.
ASSISTANCE: TO CITIES AND COUNTIES

In addition to the some ten million dollars in sales tax rebates and credits to the poor, I am recommending:

40.1 million dollars for Georgia's cities and counties, which, with the existing 5.9 million dollars in grants, will give them a total of 46 million dollars, or forty percent of the estimated first year's revenue from the proposed sales tax increase.

LOCAL EDUCATIONAL COSTS REDUCED
18.1 million dollars to be returned to local school systems, increasing the State's cost for education from 80 percent to 85 percent, and reducing local cost of education from 19 percent to 15 percent. This would return local education percentage costs to the level in effect prior to the 1964 enactment of Senate Bill 180 which initiated an annual

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onslaught of destructive and crippling force by the State of Georgia against Georgia's property owners.
GASOLINE TAX INCREASES FORESTALLED

28 million dollars from the sales tax for the State Highway Department which is an amount approximately equal to last year's collections from the motor vehicle tax, which is, in reality, a highway users' tax. These funds would permit us to construct critically needed passing lanes and add two additional lanes to existing overloaded twolane highways. These additional dollars would go to all regions of the
State, improving highway safety and giving a lift to the economy in many areas.

Most importantly, these 28 million dollars going to the State Highway Department from the additional sales tax revenue will serve to forestall a one and one-half to two cent per gallon gasoline tax increase. This, too, would provide us with additional tax revision.
PUPIL-TEACHER RATIO REDUCED

I am recommending 3.9 million dollars to provide an additional reduction in the pupil-teacher ratio. To me, this is the most pressing problem in public education. We simply must apply every dollar possible in this area of education.

By failing to reduce this ratio, we would be cheating our children, their teachers and Georgia.

Just think how a little extra attention could help a child who might otherwise get off on the wrong track. If teachers could spend a few extra hours in the first few grades with such a child, it could make all the difference in the world.
KINDERGARTEN PROGRAM IMPLEMENTED

Five million dollars is being asked to implement Phase I of a statewide kindergarten program. This would represent an excellent start, not for a "head start" or a "play school" type program, but an honest-to-goodness pre-first grade school program.

Kindergartens give our children a chance to get acquainted with adults outside their own home, teach them to understand and cooperate with other children and teach them to use the basic tools of education, such as books, pencils, paper, and, for those like I used to be, erasers.
ADDITIONAL TEACHER SALARY INCREASES

To provide an additional across-the-board salary increase for teachers, I am requesting 7.3 million dollars. With the huge salary increase to teachers in our neighboring states during the present fiscal year, we cannot afford to not provide additional increase. It could make the

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73

difference in the decisions of the teachers who are now considering coming to Georgia and others who are, and will be, considering leaving.

VISITORS HELP PAY BILL

All of these needed and essential programs I am recommending to you, and to the people of Georgia, can be financed by increasing the State sales tax from three percent to four percent, which would be no more, and in some instances, less, than that being paid by the citizens in most of our neighboring states. The sales tax is four percent in
Florida, Alabama and South Carolina, and five percent in Mississippi and Kentucky.

Further, and most importantly, those citizens from our neighboring states and from throughout the nation who come to Georgia to shop, to attend conventions, and to visit and to rest would, without complaint, pay millions of dollars into our Treasury annually through this additional one cent increase in the State sales tax. These visitors would thus help to pay our teachers, build our schools, pave our roads, treat our ill and help pay for other vital State services.

This revenue must be raised, so why not let our visitors foot more of the bill rather than make Georgians carry the whole load ?

ANTIQUATED TAX STRUCTURE

And, why must we move now to face up to our responsibility and
do something for all Georgia cities and counties, all Georgians and especially the homeowners and farm owners who pay ad valorem taxes ?

Why? Because Georgia state government has cheated and wronged her cities and counties and her ad valorem taxpayers and other citizens far too long with an antiquated tax structure. It is an inadequate, in-
equitable, and unreasonable tax structure which restricts the growth of our State and the prosperity of our people.

It turns industry, investments and jobs from Georgia. It slows the progress of our cities and counties. It denies our people better opportunities and higher income, and denies our state and local governments untold tens of millions of dollars in needed revenue.

Our present tax structure is more punitive and damaging to our ad valorem taxpayers than other citizens because they are forced to pay more than all other local citizens combined for the local cost of operating schools and local governments.

And, what, more than anything else, is responsible for the plight of the owners of homes and farms who are being weakened, beaten down and victimized by ad valorem taxes continuing to increase by tens of millions of dollars?

Why are cities and counties being denied some additional critically needed funds that would otherwise be available?

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The answer: Senate Bill 180 an act of 1964 that established a new Minimum Foundation Program for Education.

This was an outstanding achievement that assured revenue for a continuing improvement of education in Georgia. It has served education well, and it continues to do so.

PLIGHT OP LOCAL GOVERNMENTS

Again, I want it clearly understood that, in my judgment, Senate Bill 180 was and is a fine piece of legislation for the cause of education in Georgia. However, anyone with sound financial knowledge must admit that the act, as passed, and as it remains today, without any provision or a new or additional source of revenue to finance the ad valorem taxpayer's burden, bringing financial harm to most, and financial disaster to many, Georgia farmers and homeowners. By taking the first and major bite from the ad valorem tax dollar, Senate Bill 180 drastically restricts the ability of local government to levy sufficient taxes to provide the personnel, the services and the facilities to grow, to prosper, to attract industry and, thus, get a fair piece of economic pie shared by much of the State.

I am certain that not one member of the 1964 Georgia General Assembly that passed Senate Bill 180 into law intended for it to be so, but it is probably the most damaging, destructive, unreasonable, unfair and discriminatory action against home ownership and the citizens who
pay ad valorem taxes of any piece of legislation ever offered by a Chief Executive, approved by the General Assembly and signed into law within a few days.

This probably accounts for this major piece of legislation, a badly needed program affecting the lives of virtually every Georgian, being passed into law, wholly neglectful of the need to provide an increased source of new revenue to finance it, thus rendering this important legislative act both rudimentary and abortive.

Those of you who were here at the time will recall the political pressures from high places, the political arm-twisting and the coercive efforts of special interest groups which were vainly aimed at getting all legislators committed to Senate Bill 180 before the 1964 session convened and before the Act was even introduced.
Never in contemporary Georgia history was so much brutal political force used.

And, so, without the willing support of most of those legislators in attendance and over motions to delay, Senate Bill 180 was ramrodded through the General Assembly before adequate time was given for
thoroughly studying and amending it to provide supportive revenue
sources.

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75

You will all recall, too, I am sure, that you were warned that to attempt to amend this act, or to "tinker with it", would endanger its
passage.

And, so, my friends, this vital act, Senate Bill 180, was introduced in the Senate on Wednesday, January 15, 1964, and was signed into law by the Governor, Friday, January 24, 1964, after being considered only part of five working days in the Senate and only part of three working days in the Georgia House.
It is no wonder that such an otherwise good and important piece of legislation slipped through with provisions so discriminatory against homeowners and farmers when you consider that this bill contains 49 pages of words affecting the lives of every Georgian.
This was, and is, too large and too important an act to be studied, debated and amended as necessary in just a few short days.
The damage is done.
But, there is no reason or justification for not correcting this oversight that has wronged, and continues to wrong, the ad valorem taxpayers.
But there is no reason or justification for not correcting this oversight that has wronged, and continues to wrong, the ad valorem taxpayers.

UNFAIR TO PROPERTY OWNERS

Why is Senate Bill 180, as passed in 1964, discriminatory and wrong ?
It was an action by State government (not local governments and local school systems) in 1964 which voted an automatic annual ad valorem tax increase of millions of dollars on Georgia owners of homes, farms and businesses.
Each year, the State requires, through Senate Bill 180, that ad valorem taxes be increased on the property owners by millions of dollars as the local cost of education increases one percent and the State cost decreases a corresponding one percent.
Each year, with the State being able to increase educational dollars by unprecedented amounts, thus making larger appropriations to apply against its percentage cost of education, (increased millions of dollars that Senate Bill 180 requires local systems to match), state government, not local governments and local school systems, adds other additional millions of dollars to the wronged and discriminated-against owners of homes and farms.
The time to correct this wrong is now.

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This implementation of Senate Bill 180, by state government, without increasing costs to others increased ad valorem tax burdens of the owners of homes and farms by untold millions of dollars during the years 1965, 1966, 1967, and 1968. And, although we could have stopped or drastically reduced the onslaught in 1969, but didn't, millions of new dollars in ad valorem taxes were added by the State again in 1969, and if you fail to act as I beg you to act now, and as the property owners in Georgia beg you to act, additional millions of dollars will be added to the over-burdened, cheated and discriminated-against property owners this year, 1970.

Please, I beg of you, I plead with you with all my being, don't let it happen.

Where incomes are limited or frozen at low levels because of retirement income, social security, welfare or just plain low wages, the ad valorem tax increases voted upon these people by the State every year since 1964, takes:
Food from some of their tables
Clothes from some of their backs
Medicine and health care from some of their families

And makes it impossible for some of them to maintain their homes, thus contributing to the development of more slums.

Our present tax structure is more punitive against and damaging to all of our ad valorem taxpayers than other citizens because they are forced to pay far more of the cost of local governments and local school costs than collected from all other sources combined.

Please, please, please if you never pass another tax revision or revenue measure, I beg of you to not allow the 1970 session of the Georgia General Assembly to come to a close without passing meaningful measures which will help the property owners that state government has mistreated and beaten down since 1964.

Our existing tax structure is nothing less than an injustice against property owners, against Georgia cities and counties and thus harmful
to all Georgians.

The people want it stopped.

I want it stopped.

And, you have it within your power to stop it!

INJUSTICE CORRECTED BY SALES TAX

The one cent increase in the sales tax that I recommend will do more than any other single thing at this time to correct the injustices of our existing tax structure.

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77

It will send hundreds of millions of dollars back into urban Georgia during the seventies for schools, highways, public safety, needed government personnel, water and sewerage systems and other services to build a brighter and more prosperous future.

It will do the same for rural and semi-rural Georgia, too, so that all of Georgia can attract plants, jobs, income and revenue; to grow and to prosper. And if we move in this direction and help to eliminate problems in rural and semi-rural Georgia we will prevent their problems from becoming even larger urban Georgia problems.

No form of local option tax will do that.

The additional 58 million, 225 thousand, 225 dollars I am asking you to collect from, and send back to, local citizens to help defray the cost
of operating their schools and local governments will be the greatest possible shot-in-the-arm action this State could take for the continued progress and prosperity of all.

It would be sufficient for many school systems and local governments to reduce their ad valorem tax millage rates and make it totally unnecessary to raise the millage rates in most all other instances.
Further, the 64.2 million dollars going back out into the State for a reduction of the pupil-teacher ratio, the kindergarten program, the $200.00 teacher salary increase, for highway construction, and for sales tax credits and rebates, make a total of some 112.5 million additional dollars going back to our communities the first year, and will herald a new and better way of life for Georgia.
DISTRIBUTION FORMULA PROPOSED
If you do not already have them in your possession, I will shortly provide you with copies of a proposed formula for distribution of the increased grants to cities and counties, which will identify increased funds for the first year that your respective cities and counties would receive.
Under this proposal, which appears to be the most equitable from a general point of view, grants to cities and counties would be returned on a basis of sixty percent per capita and forty percent origin, or source of collection. This is considered a significant change from my earlier recommendations to you, but one for which I have found more enthusiastic and consensus support.
APPROVAL URGED
Ladies and gentlemen, I urge your fullest consideration of these proposals I am making to you.
I honestly believe that a great majority of our fellow Georgians support this program for tax revision and increased revenue, and I do

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not believe the majority of our constituents would support any other kind of new revenue measure.
It will be passed.

The people know it.

You know it.

I know it.

So why not pass it now and prolong no more the injustice state government levies against homeowners.

Pass it now during this 1970 session of the Georgia General Assembly.

If you do, you will bring more plants, more jobs and more opportunity to all of Georgia.

You will be saying YES to Georgia's cities and counties

YES, to our children

YES, to their teachers

YES, to education

YES, to more and better highways

YES, to the blind, the aged, the disabled, to those in our hospitals and our prisons
YES, to all who are less fortunate than we

To those too old or too young, too sick or too crippled or too confused to care for themselves.

It will take courage.

It will require the best within you.

It will demand long and thorough deliberations, but I believe that when the deliberations are over, your decisions will be favorable to my recommendations to you.

I know they will be your best.

When you have finished with this session, I will be able to go to the homeowners, our children and their teachers, our farmers, to the men and women on the streets, in our hospitals and prisons and to our

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79

local governments and, holding my head high, say, "I did my best for you. The program I presented to the 1970 Georgia General Assembly was a vote for you, a vote for every Georgian and a vote for all of Georgia."

I know that you, as elected representatives of the people want to be able to do the same.

To all of you who will be seeking re-election or election to another office this year I extend my best wishes.

May our God, who gave us life and liberty, continue to bless you and yours with good health, happiness and prosperity.

Thank you.

Senator Holloway of the 12th 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 stood adjourned until 9:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Friday, January 16, 1970

The Senate met pursuant to adjournment at 9:00 o'clock A.M. today, and was called to order by the President.

Senator Young of the 13th 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 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. Second reading of bills and resolutions. 4. Reports of standing committees. 5. Third reading and passage of local, uncontested bills and resolutions. 6. Third reading and consideration of general bills and resolutions.

The consent was granted.

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

SB 317. By Senators Webb of the llth, Hill of the 29th, Chapman of the 32nd and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the Fund to receive a percentage of certain fines; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 318. By Senator Smalley of the 28th:

A bill to authorize trust institutions to invest trust funds in shares of

'

fiduciary investment companies; to prescribe limitations for such invest-

ments; to establish the standards for fiduciary investment companies to

FRIDAY, JANUARY 16, 1970

81

qualify them for such investments; to define the powers of the Superintendent of Banks under this Act; and for other purposes.
Referred to Committee on Judiciary.

SB 319. By Senator Smalley of the 28th:
A bill to amend an Act of the General Assembly of Georgia, providing for the establishment of common trust funds, as heretofore amended, by authorizing trust institutions having established such a common trust fund to deliver to such common trust fund as money securities not readily saleable at the market price to provide for the valuation of such securities; and for other purposes.
Referred to Committee on Judiciary.

SB 320. By Senator Smalley of the 28th:
A bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes.
Referred to Committee on Judiciary.

SB 321. By Senator Smalley of the 28th:
A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees, by providing that such compensation may be paid from time to time as the condition of the trust or the trust estate permits; and for other purposes.
Referred to Committee on Judiciary.

SB 322. By Senator Miller of the 43rd:
A bill to provide that the State Department of Industry and Trade shall prepare a State Building Code for submission to the 1971 General Assembly for their ratification or rejection; to provide that no amendments to said Code shall become effective until approved by the General Assembly; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 323. By Senator Miller of the 43rd:
A bill to amend the "Uniform Act Regulating Traffic on Highways" pertaining to the suspension of the license to operate motor vehicles of those persons who have refused to submit to such chemical tests

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used to determine the alcoholic and drug content of blood and the use thereof; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 324. By Senator Searcey of the 2nd:
A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to define the civil jurisdiction of said court in cases exceeding $500.00; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 325. By Senator Coggin of the 35th:
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 shall furnish pensions to officers and employees; to provide that in determining the amounts of pensions, monthly earnings shall be the average of the highest 3 years' salary during the term of employment; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 199. By Senators Broun of the 46th, Plunkett of the 30th, and Webb of the llth:
A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.

SR 200. By Senator Kidd of the 25th:
A resolution creating the State Employees' Health Insurance Plan Study Committee; and for other purposes.
Referred to Committee on Banking and Finance.

SR 202. By Senator Walling of the 42nd: A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.
SR 203. By Senators Patton of the 40th, Webb of the llth, Tysinger of the 41st and others: A resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law from time to time, for the increase of retirement or pension benefits of retired persons who re-

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83

tired pursuant to any retirement system, annuity and benefit fund; and for other purposes.
Referred to Committee on Retirement.

SR 205. By Senator Kidd of the 25th:
A resolution to amend a resolution creating the Uniform Consumer Credit Code Study Committee; and for other purposes.
Referred to Committee on Industry and Labor.
The following bills and resolutions of the Senate were read the second time:
SB 310. By Senator Chapman of the 32nd:
A bill to amend an Act, relating to a health insurance plan for State Employees; so as to increase the maximum permissible participation and contribution in the health insurance plan for employees by the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 311. By Senators Plunkett of the 30th, Gillis of the 20th and Webb of the llth:
A bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services to its members"; to repeal conflicting laws; and for other purposes.
SB 312. By Senator Holloway of the 12th:
A bill to amend an Act creating the State Board of Workmen's Compensation, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; to provide for certain exemptions; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 313. By Senator London of the 50th:
A bill to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, so as to change the licensing requirements for poultry processing plants; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 314. By Senator London of the 50th:
A bill to prohibit the use of red electric lamps or lights, which, when lighted, display flashing or revolving light, upon any motor vehicle except upon law enforcement or firefighting vehicles or ambulances; to provide penalties; to repeal conflicting laws; and for other purposes.

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SB 315. By Senators Smith of the 18th and Bateman of the 27th:
A bill to provide for high moral and ethical standards of conduct for State officials, legislators and employees; to provide for a declaration of public policy; to repeal conflicting laws; and for other purposes.

SB 316. By Senator Vann of the 10th:
A bill to amend Code Section 32-903, relating to the qualifications of members of county boards of education; so as to provide that no person shall be eligible to be elected or appointed as a member of a county board of education who does not have a child attending a school which is under the jurisdiction of the board on which such person would be serving; to repeal conflicting laws; and for other purposes.

SR 196. By Senator Miller of the 43rd: A resolution commending Robert J. Castellani; and for other purposes.

SR 197. By Senator Smith of the 18th, Holloway of the 12th and Adams of the 26th:
A resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Commission; to provide for the submission of the amendment for ratification or rejection; and for other purposes.

The following reports of standing committees were 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 15. Do not pass.

SB 137. Do not pass.

SB 253. Do not pass.

Respectfully submitted, Smalley of 28th District, Chairman.

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85

Senator Webb of the llth District, Vice Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
HB 703. Do pass.
Respectfully submitted,
Webb of llth District,
Vice Chairman.

The following resolutions were read and adopted:

SR 198. By Senator Broun of the 46th:
A resolution commending the Athens High School Football Team for being Co-Champions in Class AAA; and for other purposes.

SR 204. By Senators Hill of the 29th, Plunkett of the 30th and Trippe of the 31st:
A resolution commending the Medical Association of Georgia; and for other purposes.

SR 206. By Senators Smalley of the 28th, Plunkett of the 30th and Webb of the llth:
A resolution expressing regret at the passing of Honorable Wilson B. Wilkes; and for other purposes.

SR 208. By Senator Johnson of the 38th: A resolution welcoming the Honorable Hinson McCauliffe to the Senate Chamber; and for other purposes.
The following local, uncontested bills, favorably reported by the committees, were read the third time, and put upon their passage:
SB 295. By Senator Abney of the 53rd: A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks,

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assistants, and other personnel might receive; 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 296. By Senator Abney of the 53rd:
A bill to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; to repeal conflicting laws; and for other purposes.

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

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

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

SB 297. By Senator Abney of the 53rd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; 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.
Senator Abney of the 53rd moved that SB 295, SB 296 and SB 297 be immediately transmitted to the House.

On the motion, the ayes were 30, nays 0, and the motion prevailed.

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87

SB 292. By Senator Dean of the 6th:
A bill to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, so as to change the method of selecting the legal organ in certain counties in this State; to repeal conflicting laws; and for other purposes.

Senator Dean of the 6th offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, as amended, by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.Dec. Session, p. 271), so as to change the method of selecting the legal organ in certain counties in this State; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to amend Code Section 39-1103, relating to the selection of the official organ of any county in this State, as amended, by an Act approved December 18, 1953 (Ga. Laws 1953, Nov.-Dec. Session, p. 271), is hereby amended by adding a new paragraph at the end thereof to read as follows:
"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 future such census, where two or more journals or newspapers are published which qualify under this Section to be the legal organ of the county, said officers shall sign an order requiring the official organ to be rotated within 45 days after the effective date of this Act. The rotation notice shall be advertised in the present legal organ for four consecutive weeks prior to the change of the official organ. Thereafter, the official organ shall be rotated between said newspapers on a biennial basis. Said officers shall sign an order at least 45 days prior to the rotation date and advertise the rotation notice in the present legal organ for four consecutive weeks prior to the date the official organ is scheduled to be changed."
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 32, 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, was agreed to by substitute.

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

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

Senator Dean of the 6th moved that SB 292 be immediately transmitted to the House.

On the motion, the ayes were 29, nays 0; the motion prevailed, and SB 292 was immediately transmitted to the House.

The President announced as the doctor of the day, Dr. John R. McClaren.

Senator Holloway of the 12th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.
Scripture reading and prayer were offered by Dr. Joseph S, Holliday, pastor, First Baptist Church, Milledgeville, Georgia.
The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:

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 scholarships to citizens of Georgia who are students attending colleges or universities which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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89

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly is authorized to provide by law for grants or scholarships to citizens of Georgia who are students attending colleges or universities in this State which are not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes."

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

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for grants or scholarships to citizens of Georgia who
NO ( ) are students attending colleges or universites which are not branches of the University System of Georgia, and to authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

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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 Johnson Kennedy London McGill Miller Padgett Patton Plunkett Reeder Reynolds

Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks 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 51, nays 0.

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

Senator Noble of the 19th was necessarily absent due to a death in the family.

The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:

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.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, JANUARY 16, 1970

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SECTION 1

Section I of Article XIII of the Constitution is hereby amended by adding at the end thereof a new Paragraph to be designated as Paragraph IV and to read as follows:

"Paragraph IV. Effective date of amendments. Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on the first day of January following its ratification."

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 provide that, unless otherwise provided by the amendment, an amendment to the Constitution shall become ef-
NO ( ) fective on the first day of January following its ratification?"

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 Adams of 5th Adams of 26th Andrews Bateman Broun of 46th

Brown of 47th Carter Chapman Coggin Cox Dean

Doss Eldridge Pincher of 51st Pineher of 54th Garrard Gillis

92
Hardy Hensley Hill Holley Holloway Hudgins Johnson Kennedy London McGill Miller

JOURNAL OF THE SENATE,

Padgett Patton Plunkett Reeder Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th

Smith of 34th Spinks 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 51, nays 0.

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

Senator Noble of the 19th was necessarily absent 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:

SB 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th: A bill regulating the sale of flue-cured leaf tobacco in this State, so as to redefine the regular selling season; to remove the provisions establishing a minimum number of selling days; to change the maximum number of selling hours; 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.

FRIDAY, JANUARY 16, 1970

93

SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory 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 33, nays 0.

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

SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others:
A bill to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an Act of God or unforeseen events; to authorize the use of State funds for such purposes; 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 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others: A bill to amend an Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes.
Senator Webb of the llth offered the following amendment:

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Amend SB 308 by striking the word "who" when it appears on line 4 of page 3 of Sec. 2, and inserting in lieu thereof the phrase:

"when so delegated by the Board"

On the adoption of the amendment, the ayes were 25, nays 22, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment:

Amend SB 308 by adding a new sentence at the end of the sentence (found on lines 7 and 8 on page 3) in Section 2 beginning "such delegation . . ." as follows:
"only the authority of Board members voting for such delegation shall be considered delegated."
On the adoption of the amendment, the ayes were 7, nays 40, and the amendment was lost.

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

On the passage of the bill, the ayes were 45, nays 4.

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

Senator Hudgins of the 15th asked unanimous consent to be recorded as voting "nay" on SB 308.

The consent was granted.

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

Senator Smith of the 18th moved that the following bill of the House be withdrawn from the Committee on Economy, Reorganization and Efficiency in Government and recommitted to the Committee on County and Urban Affairs:

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95

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.

On the motion to recommit, the ayes were 34, nays 0; the motion prevailed, and HB 75 was recommitted to the Committee on County and Urban Affairs.

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

SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A resolution urging the 34-man Industry-wide Flue-cured Tobacco Marketing Committee to permit the Ga.-Fla. flue-cured tobacco belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; 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.

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th: A resolution urging the U.S. Department of Agriculture Crop Reporting Service to reassess the methods and techniques used in determining tobacco crop estimates; 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.

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SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A resolution urging Georgia tobacco farmers to plant old-line, highquality varieties of tobacco; 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.

SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A resolution urging the Ga.-Fla. Tobacco Warehouse Association to consider taking steps to police and hold to a minimum the sale of out-of-belt tobacco on Ga. warehouse floors during the regular selling season; 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.

SR 187. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A resolution urging the 34-man Industry-wide Flue-cured Tobacco Marketing Committee to add three new additional members from the Georgia-Florida-Alabama producing area; 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,

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97

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

SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A resolution urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; 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 general resolution, favorably reported by the committee, was read the third time, and put upon its passage:

SR 191. By Senators Plunkett of the 30th and Webb of the llth:
A resolution creating the Heroes of Georgia Commission; and for other purposes.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 191 by inserting in line 4, after the phrase "citizens of this State" and before the phrase "individual or collective acts of heroism" the following phrase:
"who are not acting in the line of military duty as members of the Armed Forces"
And by inserting in line 26 after the phrase "to citizens of this State" and before the phrase "who have, because of their heroism" the following phrase:
"who are not acting in the line of military duty as members of the Armed Forces and"

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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.

On the adoption of the resolution, the ayes were 35, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.
The President of the Senate resumed the Chair.

Senator Holloway of the 12th moved that the Senate do now adjourn until 12:30 o'clock P.M. Monday, and the motion prevailed.

The President announced the Senate adjourned until 12:30 o'clock P. M. Monday.

MONDAY, JANUARY 19, 1970

99

Senate Chamber, Atlanta, Georgia Monday, January 19, 1970

The Senate met pursuant to adjournment at 12:30 o'clock P. M. today, 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 Holloway of the 12th 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 Gillis of the 20th asked unanimous consent that the call of the roll 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 passed by the requisite constitutional majority the following bills of the House, to-wit:

HB 1034. By Mr. Howell of the 60th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to

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JOURNAL OF THE SENATE,

change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes.

HB 1035. By Mr. Howell of the 60th:

A bill to repeal an Act entitled "An Act to amend the charter of the

City of Blakely", relating to the location of polling places within said

city, a board of commissioners for the control of the city's public

:

utilities and the power of eminent domain; and for other purposes.

HB 1036. By Mr. Howell of the 60th:
A bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes", so as to delete therefrom the requirements for separate and distinct accounts relating to revenues and disbursements pertaining to the operation and maintenance of said city's public utilities; and for other purposes.

HB 1037. By Mr. Howell of the 60th: A bill to amend an Act establishing a new charter for the Town of Georgetown, so as to change the name of said town to the City of Georgetown; and for other purposes.
HB 1041. By Mr. Melton of the 32nd: A bill to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional provisions relative thereto; and for other purposes.

The following bills and resolutions of the Senate were introduced, read the first time, and referred to committees:
SB 326. By Senator Smalley of the 28th: A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, by providing that the compensation of trustees may be fixed by contract between the settlor and the trustee; and for other purposes.
Referred to Committee on Judiciary.
SB 327. By Senator Kidd of the 25th: A bill to amend Code Section 46-102, relating to the affidavits and bonds required to be filed in garnishment proceedings, so as to provide

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101

that no bond shall be necessary or required in those garnishment proceedings which are instituted for the purpose of recovering amounts, due the plaintiff; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment operated upon the public roads of this State shall be required to display certain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities & Transportation.

SB 329. By Senator Stephens of the 36th:
A bill to amend an Act providing for the retirement of the judges and the Solicitor General of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County under certain terms and conditions as prescribed therein; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 330. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th and others:
A bill to create The Advisory Committee on Retirement Systems; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 331. By Senator London of the 50th:
A bill to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that members of said system who have thirty years of creditable service, irrespective of age, may be retired; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 332. By Senators Smalley of the 28th, Bateman of the 27th and Hill of the 29th:
A bill to prohibit any officer or employee of any county or independent public school system, or other person, from charging any Georgia radio station a fee or other recompense for broadcasting a play-by-play or other description of any high school athletic event; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

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SR 207. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the transfer, without consideration, of surplus State property to the various public school systems of this State; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SR 209. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a single agency of the State government to administer all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, and other similar State supported systems created by law; and for other purposes.
Referred to Committee on Retirement.'

SR 211. By Senators Bateman of the 27th, Rowan of the 8th, Webb of the llth and others:
A resolution relative to public education; and for other purposes. Referred to Committee on Educational Matters.

The following bills of the House were read the first time and referred to committees:

HB 1034. By Mr. Howell of the 60th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1035. By Mr. Howell of the 60th:
A bill to repeal an Act entitled "An Act to amend the charter of the City of Blakely", relating to the location of polling places within said city, a board of commissioners for the control of the city's public utilities and the power of eminent domain; and for other purposes.
Referred to Committee on County and Urban Affairs.

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103

HB 1036. By Mr. Howell of the 60th:
A bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes", so as to delete therefrom the requirements for separate and distinct accounts relating to revenues and disbursements pertaining to the operation and maintenance of said city's public utilities; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1037. By Mr. Howell of the 60th:
A bill to amend an Act establishing a new charter for the Town of Georgetown, so as to change the name of said town to the City of Georgetown; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1041. By Mr. Melton of the 32nd:
A bill to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional provisions relative thereto; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolution of the Senate were read the second time:

SB 317. By Senators Webb of the llth, Hill of the 29th, Chapman of the 32nd and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the Fund to receive a percentage of certain fines; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 318. By Senator Smalley of the 28th:
A bill to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limitations for such investments; to establish the standards for fiduciary investment companies to qualify them for such investments; to define the powers of the Superintendent of Banks under this Act; and for other purposes.

SB 319. By Senator Smalley of the 28th:
A bill to amend an Act of the General Assembly of Georgia, providing for the establishment of common trust funds, as heretofore amended,

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by authorizing trust institutions having established such a common trust fund to deliver to such common trust fund as money securities not readily saleable at the market price to provide for the valuation of such securities; and for other purposes.

SB 320. By Senator Smalley of the 28th:
A bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes.

SB 321. By Senator Smalley of the 28th:
A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees, by providing that such compensation may be paid from time to time as the condition of the trust or the trust estate permits; and for other purposes.

SB 322. By Senator Miller of the 43rd:
A bill to provide that the State Department of Industry and Trade shall prepare a State Building Code for submission to the 1971 General Assembly for their ratification or rejection; to provide that no amendments to said Code shall become effective until approved by the General Assembly; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.

SB 323. By Senator Miller of the 43rd:
A bill to amend the "Uniform Act Regulating Traffic on Highways" pertaining to the suspension of the license to operate motor vehicles of those persons who have refused to submit to such chemical tests used to determine the alcoholic and drug content of blood and the use thereof; to repeal conflicting laws; and for other purposes.

SB 324. By Senator Searcey of the 2nd:
A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to define the civil jurisdiction of said court in cases exceeding $500.00; to repeal conflicting laws; and for other purposes.
SB 325. By Senator Coggin of the 35th:
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 shall furnish pensions to officers and employees; to provide that in determining the

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105

amounts of pensions, monthly earnings shall be the average of the highest 3 years' salary during the term of employment; to repeal conflicting laws; and for other purposes.

SR 203. By Senators Patton of the 40th, Well of the llth, Tysinger of the 41st: and others:
A resolution proposing an amendment to the Constitotion to authorize the General Assembly to provide by law from time to time, for the increase of retirement or pension benefits of retired persons who retire pursuant to any retirement system, annuity and benefit fund; and for other purposes.

The President announced as the doctor of the day, Dr. John Rhodes Haverty, and as the nurse of the day, Miss Diane Bell.

The following resolutions were read and adopted:
SR 210. By Senators Plunkett of the 30th, Rowan of the 8th, Webb of the llth and Gillis of the 20th: A resolution commending the Honorable John H. Venable, M.D., Director of the Georgia Department of Public Health; and for other purposes.
SR 213. By Senator Dean of the 6th: A resolution welcoming certain prominent citizens of the 6th Senatorial District to the Chamber of the Senate; and for other purposes.
SR 214. By Senator Smith of the 18th: A resolution calling the Joint Session of the House of Representatives and Senate for the purpose of hearing an address by Mr. Ed Baker; and for other purposes.

SR 215. By Senator Smith of the 18th:
A resolution for the purpose of commending the municipal officials and employees of Georgia upon the occasion of the 12th annual Georgia Mayors' Day; and for other purposes.
The President introduced the Honorable Jack P. Nix, State Superintendent of Schools, who presented all Senate Committee Chairmen with gavels. The gavels were made by patients at the Yarbrough Rehabilitation Center in Milledgeville to demonstrate appreciation to the senators for their support of the rehabili-

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tation program which assists mentally ill persons to return to society as productive citizens.

Senator Johnson of the 38th introduced the Honorable Sam Massell, Mayor of Atlanta, who spoke briefly to the Senate.

Scripture reading and prayer were offered by Reverend Prank Craton, pastor, Cloud Springs Baptist Church, Rossville, Georgia.

Senator Holloway of the 12th moved that the Senate stand adjourned after the Joint Session until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

The hour for convening the Joint Session of the Senate and House of Representatives having arrived, the President accompanied by the Secretary and the Senators, proceeded to the hall of the House of Representatives, and the Joint Session, called for the purpose of hearing an address by the Honorable Ed Baker, was called to order by the President of the Senate.

SR 214 authorizing the Joint Session of the Senate and House was read by the Clerk of the House.

The President of the Senate introduced the Honorable Ed Baker, who addressed the General Assembly.

Senator Holloway of the 12th moved that the Joint Session be now dissolved, and the motion prevailed.

The President announced the Joint Session dissolved.

Under the provisions of a previous motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.

TUESDAY, JANUARY 20, 1970

107

Senate Chamber, Atlanta, Georgia, Tuesday, January 20, 1970.

The Senate met pursuant to adjournment at 10:00 o'clock A.M. today, and was called to order by the President.

Senator Adams of the 26th 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 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. Phillip M. Jardina, and as the nurse of the day, Miss Diane Bell.

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 1068. By Mrs. Merritt of the 46th:
A bill to amend an Act placing the Clerk of the Superior Court of Schley County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Schley County; and for other purposes.

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HB 1069. By Mrs. Merritt of the 46th:
A bill to abolish the present mode of compensating the Ordinary of Schley County, known as the fee system; to provide an annual salary; and for other purposes.

HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Gaynor of the 88th, Funk of the 92nd, Hill of the 94th and Ellis of the 91st:
A bill to provide for the payment of the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from the State of Georgia; and for other purposes.

HB 1095. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th, Jones of the 87th, Funk of the 92nd, Hill of the 94th, Ellis of the 91st and Whaley of the 93rd:
A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah; 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 Senate, to-wit:

SR 214. By Senator Smith of the 18th:
A resolution calling the Joint Session of the House of Representatives and Senate for the purpose of hearing an address by Mr. Ed. Baker; and for other purposes.

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

SB 333. By Senator Webb of the llth:
A bill to change the name of the "Southwestern State Hospital" to "Bainbridge State Hospital"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 334. By Senator Adams of the 26th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of

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109

accident and sickness be included within the scope of coverage hospital care rendered on account of mental illness and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia; to repeal conflicting laws; and for other purposes.

Senator Adams of the 26th moved that SB 334 be engrossed.

On the motion to engross, the ayes were 36, nays 0, and the motion prevailed.

Referred to Committee on Banking and Finance.

SB 335. By Senators Broun of the 46th and Stephens of the 36th:
A bill to amend Code Chapter 27-25 relating to criminal procedures, as amended, so as to provide for punishment and sentencing in certain criminal cases; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 336. By Senator Broun of the 46th:
A bill to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 337. By Senator Pincher of the 51st:
A bill to amend the Act establishing the State Employees' Retirement System, so as to provide creditable service for certain service in the armed forces subject to certain requirements; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 338. By Senator Fincher of the 51st:
A bill to provide an expense allowance for the District Attorney of the Blue Ridge Judicial Circuit for the payment of secretarial help and for the payment of other expenses in connection with the operation of the office of said District Attorney; and for other purposes.
Referred to Committee on Judiciary.

SB 339. By Senator Holloway of the 12th:
A bill to amend Code Chapter 92-40, relating to municipal tax assessors, as amended, so as to provide that the board of tax assessors, or other

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assessing authorities in each municipality shall use as a fair market value of property subject to both municipal and county ad valorem taxation the value which is determined for county taxation purposes; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 340. By Senator Holloway of the 12th:
A bill to amend Code Section 92-4611, relating to the duties of tax receivers, so as to provide that it shall be the duty of the tax receiver to enter upon the digest prepared by him an itemization of all properties exempt from taxation along with the owner of such property and the reason such property is exempt from such taxation; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 341. By Senator Holloway of the 12th:
A bill to amend an Act providing that the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine that the valuation of the various classes of property are reasonably uniform between the counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 342. By Senator Holloway of the 12th:
A bill to amend Code Chapter 92-50, relating to the collection, payment and settlement of taxes due the State and any county, so as to provide that each county may by ordinance provide for the payment of taxes upon tangible property, other than motor vehicles, at such times, and in such manner, and in accordance with such procedures as each county shall provide; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 343. By Senator Kidd of the 25th:
A bill to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of driver's license, as amended, so as to provide for the issuance of an honorary driver's license to the spouse of any disabled veteran who is otherwise eligible for an honorary driver's license but who is permanently disabled and cannot drive a motor vehicle; to repeal conflicting laws; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

SB 344. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Baldwin County and providing a salary in lieu thereof,

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111

so as to change the compensation of the Sheriff and to provide for automatic raises; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 345. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu thereof, so as to change the compensation of the said tax collector and tax receiver and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 346. By Senator Kidd of the 25th:
A bill to amend an Act placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of said ordinary and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, as amended, so as to provide for the issuance of license tags to certain other veterans; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

SB 348. By Senator Johnson of the 38th:
A bill to amend Code Section 26-1705, relating to the illegal use of credit cards, as amended, so as to clarify the definitions of the terms "credit card" and "issuer"; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 349. By Senator Johnson of the 38th:
A bill to amend an Act providing for pensions of police departments in cities having a population of 150,000 or more, so as to provide for retirement as a matter of right after 25 years of active service without regard to age; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.
SB 350. By Senator London of the 50th:
A bill to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and

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reporting of felony cases; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 351. By Senator Riley of the 1st:
A bill to provide the procedures for limiting the number of certain employees within the executive branch of State government; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SR 212. By Senators Adams of the 26th, Gillis of the 20th, Bateman of the 27th and others:
A resolution relative to the establishment of a professorship for constitutional law for the University of Georgia School of Law; and for other purposes.
Referred to Committee on University Systems.

SR 216. By Senator Holloway of the 12th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property or upon the basis of the average annual inventory maintained by the taxpayer; and for other purposes.
Referred to Committee on Banking and Finance.

SR 217. By Senator Holloway of the 12th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from all taxation property used exclusively for the burial or interment of human remains if such property is not held for the purpose of sale or lease; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Banking and Finance.

The following bills of the House were read the first time and referred to committees:

HB 1068. By Mrs. Merritt of the 46th:
A bill to amend an Act placing the Clerk of the Superior Court of Schley County on a salary basis in lieu of a fee system of compensation,

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113

so as to change the compensation of the Clerk of the Superior Court of Schley County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1069. By Mrs. Merritt of the 46th:
A bill to abolish the present mode of compensating the Ordinary of Schley County known as the fee system; to provide an annual salary; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th and others:
A bill to provide for the payment to the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from the State of Georgia; and for other purposes.
Referred to Committee on Judiciary.

HB 1095. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th and others:
A bill to be entitled an Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 326. By Senator Smalley of the 28th:
A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, by providing that the compensation of trustees may be fixed by contract between the settlor and the trustee; and for other purposes.

SB 327. By Senator Kidd of the 25th:
A bill to amend Code Section 46-102, relating to the affidavits and bonds required to be filed in garnishment proceedings, so as to provide that no bond shall be necessary or required in those garnishment proceedings which are instituted for the purpose of recovering amounts due the plaintiff; to repeal conflicting laws; and for other purposes.

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SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment operated upon the public roads of this State shall be required to display certain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes.

SB 329. By Senator Stephens of the 36th:
A bill to amend an Act providing for the retirement of the judges and the Solicitor General of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County under certain terms and conditions as prescribed therein; to repeal conflicting laws; and for other purposes.

SB 330. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th and others:
A bill to create The Advisory Committee on Retirement Systems; to repeal conflicting laws; and for other purposes.
SB 331. By Senator London of the 50th:
A bill to amend an Act establishing a retirement system for teachers in the State public schools, so as to provide that members of said system who have thirty years of creditable service, irrespective of age, may be retired; to repeal conflicting laws; and for other purposes.

SB 332. By Senators Smalley of the 28th, Bateman of the 27th and Hill of the 29th:
A bill to prohibit any officer or employee of any county or independent public school system, or other person, from charging any Ga. radio station a fee or other recompense for broadcasting a play-by-play or other description of any high school athletic event; to repeal conflicting laws; and for other purposes.

SR 207. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the transfer, without consideration, of surplus State property to the various public school systems of this State; to provide for submission of this amendment for ratification or rejection; and for other purposes.

SR 209. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a

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115

single agency of the State government to administer all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, and other similar State supported systems created by law; and for other purposes.

SR 211. By Senators Bateman of the 27th, Rowan of the 8th, Webb of the llth and others:
A resolution relative to public education; and for other purposes.

HB 1034. By Mr. Howell of the 60th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes.

HB 1035. By Mr. Howell of the 60th:
A bill to repeal an Act entitled "An Act to amend the charter of the City of Blakely", relating to the location of polling places within said city, a board of commissioners for the control of the city's public utilities and the power of eminent domain; and for other purposes.

HB 1036. By Mr. Howell of the 60th:
A bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely, and for other purposes", so as to delete therefrom the requirements for separate and distinct accounts relating to revenues and disbursements pertaining to the operation and maintenance of said city's public utilities; and for other purposes.

HB 1037. By Mr. Howell of the 60th: A bill to amend an Act establishing a new charter for the Town of Georgetown, so as to change the name of said town to the City of Georgetown; and for other purposes.
HB 1041. By Mr. Melton of the 32nd: A bill to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional provisions relative thereto; and for other purposes.
The following report of a standing committee was read by the Secretary:

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Senator Holley of the 22nd, 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 resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 197. Do pass as amended.
SR 13. Do not pass.
SR 71. Do not pass.
Respectfully submitted,
Holley of 22nd District,
Chairman.

The President announced the Senate in recess at 10:30 o'clock A. M. until 1:00 o'clock P.M. in order that the Senate Committee on Appropriations meet with the House Committee on Appropriations to consider the Appropriations Bill.
The Senate reconvened pursuant to the recess at 1:00 o'clock P. M. and was called to order by the President.

Senator Holloway of the 12th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Reverend Claude Smithmier of Marietta, Georgia.

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

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.

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117

The report 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 Holloway of the 12th moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia, Wednesday, January 21, 1970.

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by the President.

Senator Zipperer of the 3rd 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 Garrard of the 37th 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 resolutions of the House, to-wit:
HR 517. By Messrs. Melton and Brown of the 32nd: A resolution proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent; and for other purposes.

HR 518. By Messrs. Melton and Brown of the 32nd:
A resolution proposing an amendment to the Constitution so as provide the procedures whereby the Board of Education of Fayette County

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119

shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County; and for other purposes.

HE 523. By Messrs. Hudson and Dorminy of the 48th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing school district in the County of Ben Hill lying outside the corporate limits; and for other purposes.

The House has adopted the following resolutions of the House, to-wit:

HE 573. By Messrs. Wood of the llth, Cooper of the llth and Williams of the llth:
A resolution commending and congratulating the Gainesville High School Eed Elephants, Head Coach Bobby Gruhn and his staff; and for other purposes.

HE 581. By Mr. Toles of the 9th: A resolution welcoming Dr. Grady Wilson; and for other purposes.

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

SB 352. By Senator Cox of the 21st:
A bill to amend an Act providing for the creation of the office of Superior Court Reporter Emeritus, so as to change the requirements for becoming eligible to appointment as court reporter emeritus; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 353. By Senator Spinks of the 9th:
A bill to amend Code Chapter 56-24 relating to the Insurance Contract in General, so that the insurance will provide the insured with full freedom of choice in the selection of any doctor or therapist duly licensed to practice the healing arts in this State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

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SB 354. By Senator Johnson of the 38th:
A bill to authorize certain guardians to obtain policies of life insurance on the lives of their wards; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 355. By Senator Fincher of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that each officer and employee of local organizations of the State Civil Defense Agency shall be entitled to join the Employees' Retirement System and to obtain prior service credit for all time spent as an officer or employee of any such local organization, upon payment of all employee contributions; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 356. By Senators Hensley of the 33rd, Smith of the 34th and Reeder of the 55th:
A bill to amend an Act governing and regulating the Act of the Public Roads and Highways in this State, so as to provide that motor buses of any urban transit system operating under the jurisdiction of the Public Service Commission may not exceed a total width of 102 inches; to provide that these buses may not be operated over a route of 50 miles, and may not be operated on the National System of Interstate and Defense Highways; and for other purposes.
Referred to Committee on Highways.

SB 357. By Senator Hensley of the 33rd:
A bill to amend an Act to create the office of State Highway Board, Chairman of State Highway Board, and Treasurer of the State Highway Department, so as to recreate the office of the Treasurer of the State Highway Department; to provide for his appointment; and for other purposes.
Referred to Committee on Highways.

SB 358. By Senator Webb of the llth:
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 credit for previous teaching service renderd in certain other State or independent school systems; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

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121

SB 359. By Senator Webb of the llth:
A bill to amend an Act establishing the Teachers' Retirement System, so as to redefine the term "teacher" as used in said Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Retirement.

SB 364. By Senators Jackson of the 16th, Smalley of the 28th and Vann of the 10th:
A bill to amend an Act reorganizing the State Department of Law, so as to provide for an increase in the base salary of the Attorney General; and for other purposes.
Referred to Committee on Appropriations.

SR 218. By Senators Hensley of the 33rd and Searcey of the 2nd:
A resolution recreating the Joint Highway Laws Interim Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 226. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide that whenever State funds become available, such funds may be expended in such manner as the General Assembly may provide for the purpose of paying increased benefits to those persons who have retired pursuant to the provisions of law relative to the State Employees' Retirement System and the Teachers' Retirement System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Retirement.

The following resolutions of the House were read the first time and referred to committees:

HR 517. By Messrs. Melton and Brown of the 32nd:
A resolution proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 518. By Messrs. Melton and Brown of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide the procedures whereby the Board of Education of Fayette

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County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 523. By Messrs. Hudson and Dorminy of the 48th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing school district in the County of Ben Hill lying outside the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions of the Senate and House were read the second time:
SB 333. By Senator Webb of the llth:
A bill to change the name of the "Southwestern State Hospital" to "Bainbridge State Hospital"; to repeal conflicting laws; and for other purposes.
SB 334. By Senator Adams of the 26th: A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness be included within the scope of coverage hospital care rendered on account of mental illness and hospital care when rendered by any psychiatric hospital duly licensed by the State of Georgia; to repeal conflicting laws; and for other purposes.
SB 335. By Senators Broun of the 46th and Stephens of the 36th: A bill to amend Code Chapter 27-25 relating to criminal procedures, as amended, so as to provide for punishment and sentencing in certain criminal cases; to repeal conflicting laws; and for other purposes.

SB 336. By Senator Broun of the 46th:
A bill to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; to repeal conflicting laws; and for other purposes.

SB 337. By Senator Fincher of the 51st:
A bill to amend the Act establishing the State Employees' Retirement System, so as to provide creditable service for certain service in the armed forces subject to certain requirements; to repeal conflicting laws; and for other purposes.

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123

SB 338. By Senator Fincher of the 51st:
A bill to provide an expense allowance for the District Attorney of the Blue Ridge Judicial Circuit for the payment of secretarial help and for the payment of other expenses in connection with the operation of the office of said District Attorney; and for other purposes.

SB 339. By Senator Holloway of the 12th:
A bill to amend Code Chapter 92-40, relating to municipal tax assessors, as amended, so as to provide that the board of tax assessors, or other assessing authorities in each municipality shall use as a fair market value of property subject to both municipal and county ad valorem taxation the value which is determined for county taxation purposes; to repeal conflicting laws; and for other purposes.

SB 340. By Senator Holloway of the 12th:
A bill to amend Code Section 92-4611, relating to the duties of tax receiver to enter upon the digest prepared by him an itemization of all properties exempt from taxation along with the owner of such property and the reason such property is exempt from such taxation; to repeal conflicting laws; and for other purposes.
SB 341. By Senator Holloway of the 12th:
A bill to amend an Act providing that the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine that the valuation of the various classes of property are reasonably uniform between the counties; to repeal conflicting laws; and for other purposes.

SB 342. By Senator Holloway of the 12th:
A bill to amend Code Chapter 92-50, relating to the collection, payment and settlement of taxes due the State and any county, so as to provide that each county may by ordinance provide for the payment of taxes upon tangible property, other than motor vehicles, at such times, and in such manner, and in accordance with such procedures as each county shall provide; to repeal conflicting laws; and for other purposes.

SB 343. By Senator Kidd of the 25th:
A bill to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of driver's license, as amended, so as to provide for the issuance of an honorary driver's license to the spouse of any disabled veteran who is otherwise eligible for an honorary driver's license but who is permanently disabled and cannot drive a motor vehicle; to repeal conflicting laws; for other purposes.

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SB 344. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Baldwin County and providing a salary in lieu thereof, so as to change the compensation of the Sheriff and to provide for automatic raises; to repeal conflicting laws; and for other purposes.

SB 345. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu thereof, so as to change the compensation of the said tax collector and tax receiver and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.

SB 346. By Senator Kidd of the 25th:
A bill to amend an Act placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of said ordinary and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, as amended, so as to provide for the issuance of license tags to certain other veterans; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 348. By Senator Johnson of the 38th:
A bill to amend Code Section 26-1705, relating to the illegal use of credit cards, as amended, so as to clarify the definitions of the terms "credit card" and "issuer"; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 349. By Senator Johnson of the 38th:
A bill to amend an Act providing for pensions of police departments and cities having a population of 150,000 or more, so as to provide for retirement as a matter of right after 25 years of active service without regard to age; to repeal conflicting laws; and for other purposes.

SB 350. By Senator London of the 50th:
A bill to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; to provide an effective date; to repeal conflicting laws; and for other purposes.

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125

SB 351. By Senator Riley of the 1st:
A bill to provide the procedures for limiting the number of certain employees within the executive branch of State government; to repeal conflicting laws; and for other purposes.

SR 212. By Senators Adams of the 26th, Gillis of the 20th, Bateman of the 27th and others:
A resolution relative to the establishment of a professorship for constitutional law for the University of Georgia School of Law; and for other purposes.

SR 216. By Senator Holloway of the 12th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property or upon the basis of the average annual inventory maintained by the taxpayer; and for other purposes.
SR 217. By Senator Holloway of the 12th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from all taxation property used exclusively for the burial or interment of human remains if such property is not held for the purpose of sale or lease; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 1068. By Mrs. Merritt of the 46th:
A bill to amend an Act placing the Clerk of the Superior Court of Sehley County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Sehley County; and for other purposes.

HB 1069. By Mrs. Merritt of the 46th:
A bill to abolish the present mode of compensating the Ordinary of Sehley County known as the fee system; to provide an annual salary; and for other purposes.

HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th and others:
A bill to provide for the payment to the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from the State of Georgia; and for other purposes.

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HB 1095. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th and others:
A bill to be entitled an Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah; 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 and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 216. Do pass. SR 217. Do pass. SB 334. Do pass. SB 339. Do pass. SB 340. Do pass. SB 341. Do pass. SB 342. Do pass. SB 310. Do pass as amended.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Tysinger of the 41st District, Secretary of the Committee on Business, Trade and Commerce, submitted the following report:
Mr. President:
Your Committee on Business, Trade and Commerce has had under consideration the following bill of the House and has instructed me, as Secretary, to report the same back to the Senate with the following recommendations:
HB 4. Do pass as amended. Respectfully submitted, Tysinger of 41st District, Secretary.

WEDNESDAY, JANUARY 21, 1970

127

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations :
SB 324. Do pass. SB 344. Do pass. SB 345. Do pass. SB 346. Do pass. HB 1034. Do pass. HB 1035. Do pass. HB 1036. Do pass. HB 1037. Do pass. HB 1068. Do pass. HB 1069. Do pass.
Respectfully submitted,
Brown of 47th District,
Acting Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
HB 75. Do pass. Respectfully submitted, Brown of 47th District, Acting 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations :
SB 298. Do pass as amended.
Respectfully submitted,
Smith of 18th District,
Chairman.

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 23. Do not pass. SB 223. Do pass as amended. HB 842. Do pass.
Respectfully submitted, Andrews of 49th District, Chairman.
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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 224. Do pass as amended. 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:

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129

Mr. President:

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

SB 333. Do pass.

Respectfully submitted,

Chapman of 32nd 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 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 320. Do pass. SB 321. Do pass. SB 326. Do pass. SR 196. Do pass as amended. HB 163. 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 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 311. Do pass. Respectfully submitted,
Fincher of 51st District,
Chairman.

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JOURNAL OP THE SENATE,

The President announced the Senate in recess at 10:30 o'clock A. M. until 1:00 o'clock P.M. in order that the Senate Committee on Appropriations meet with the House Committee on Appropriations to consider the Appropriations Bill.

The Senate reconvened pursuant to the recess at 1:00 o'clock P. M. and was called to order by the President.

Senator Holloway of the 12th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Mr. Tom McKinstry, Charge Lay Leader, South Georgia Methodist Conference, Columbus, Georgia.

Senator Jackson of the 16th asked unanimous consent to be allowed to introduce the following salary bill, have it read the first time and referred to a committee:

SB 364. By Senators Jackson of the 16th, Smalley of the 28th and Vann of the 10th:
A bill to amend an Act reorganizing the State Department of Law, so as to provide for an increase in the base salary of the Attorney General; and for other purposes.

The consent was granted and the bill was read the first time and referred to the Committee on Appropriations.

The President announced as the doctor of the day, Dr. E. E. Proctor, and as the nurses of the day, Miss Anis Shaw and Mrs. Carolyn Lord.

The following resolutions were read and adopted:
SR 223. By Senators Webb of the llth, Bateman of the 27th, Kidd of the 25th and Adams of the 26th: A resolution commending President Richard M. Nixon for nominating the Honorable G. Harrold Carswell to the Supreme Court of the United States, and urging Senators Russell and Talmadge to confirm the nomination; and for other purposes.

WEDNESDAY, JANUARY 21, 1970

131

HR 573. By Messrs. Wood, Cooper and Williams of the llth:
A resolution commending and congratulating the Gainesville High School Red Elephants, Head Coach Bobby Gruhn and his staff; and for other purposes.

HR 581. By Mr. Toles of the 9th: A resolution welcoming Dr. Grady Wilson; and for other purposes.

The following communication from the Georgia Public Service Commission was received and read by the Secretary:
TO THE GENERAL ASSEMBLY OF GEORGIA:
Lieutenant Governor George T. Smith, President State Senate. Honorable George L. Smith, Speaker of the House.
Pursuant to the rights, powers and privileges granted under Section 68-1003 of the Code of Georgia of 1933, as amended by the Act of the General Assembly approved March 27, 1947, we, the members of the Georgia Public Service Commission, submit herewith as required by Section 68-1004 of the Code of Georgia of 1933 copy of a reciprocal agreement between the State of Georgia and the State of California, bearing date of December 5, 1969.
Submitted this the 19th day of January, 1970.
Respectfully submitted,
William H. Kimbrough, Chairman Ben T. Wiggins, Vice Chairman Alpha A. Fowler, Commissioner Walter R. McDonald, Commissioner Crawford L. Pilcher, Commissioner
Attest:
A. 0. Randall, Secretary
RECIPROCAL AGREEMENT
BETWEEN
THE STATE OF GEORGIA AND THE STATE OF CALIFORNIA
Pursuant to and in conformity with the laws of the State of Georgia and the laws of the State of California, it is hereby mutually agreed by

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the Multistate Reciprocal Committee, acting for and on behalf of the Georgia Public Service Commission and the Georgia Department of Revenue, and the California Reciprocity Commission, acting for the State of California, as follows:

Paragraph 1. This agreement shall apply to commercial motor carriers who are domiciled and whose vehicles are properly licensed in either of the reciprocating jurisdictions and who operate in interstate commerce. This agreement shall apply only to commercial vehicles operating
for-hire in interstate commerce from Georgia into or through California and from California into or through Georgia.

Paragraph 2. It is further provided that all for-hire operators must register their Interstate Commerce Commission authority with the appropriate State authority, the Public Service Commission in Georgia and the Public Utilities Commission in California, and pay the required non-recurring $25 filing or registration fee prior to engaging in for-hire
transportation in either State. The Georgia Public Service Commission will not collect the $25 annual vehicle registration fee and the State of California agrees that it will not collect any annual per vehicle or per carrier regulatory fees which are or may be imposed by the California Public Utilities Code; provided, however, that such for-hire carriers
will register all vehicles to be operated in the respective jurisidictions by the purchase of a $1 registration stamp for each vehicle as provided in Public Law 89-170.

Paragraph 3. This agreement shall not affect any reciprocal agreements Georgia or California may make or enter into with any other states.

Paragraph 4. This agreement shall not be construed to authorize the operation of motor vehicles upon the highways of either of the states in excess of the maximum weight, length, width, or height allowed by the laws of such State in which such vehicle is being operated. All operators of vehicles carrying licenses of either of the States entering into this agreement, shall operate under the laws and conform to the regulations governing the operation of motor vehicles in the State where they are being operated and failure to do so shall subject operators of such motor vehicles to prosecution and fine under the laws of the State in which they are operating.

Paragraph 5. Each of the contracting parties of each State shall cooperate with each other and hereby agree to furnish such aid and assistance to the other as may be within their statutory authority as will aid in the proper enforcement of this agreement, and to carry out the purposes of their legislative Acts pursuant to which this agreement has
been made.

Paragraph 6. This agreement shall become effective upon approval and shall continue in full force thereafter until modified or cancelled by either party upon thirty (30) days written notice.
IN WITNESS WHEREOF, The State of Georgia and the State

WEDNESDAY, JANUARY 21, 1970
of California each acting by and through its duly authorized officials, have executed this agreement on this the 5th day of December, 1969.
STATE OF GEORGIA GEORGIA RECIPROCITY COMMITTEE
Walter R. McDonald, Chairman Peyton S. Hawes, Member Murray A. Chappell, Member
STATE OP CALIFORNIA CALIFORNIA RECIPROCITY COMMISSION:
Verne Orr, Chairman
Senator Kidd of the 25th asked unanimous consent to be allowed to introduce the following retirement resolution, have it read the first time and referred to a committee:
SR 226. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to provide that whenever State funds become available, such funds may be expended in such manner as the General Assembly may provide for the purpose of paying increased benefits to those persons who have retired pursuant to the provisions of law relative to the State Employees' Retirement System and the Teachers' Retirement System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The consent was granted and the resolution was read the first time and referred to the Committee on Retirement.
Senator Searcey of the 2nd moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.
The President announced the Senate adjourned until 10:00 o'clock A. M. tomorrow.

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Senate Chamber, Atlanta, Georgia Thursday, January 22, 1970

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by the President.

Senator Jackson of the 16th 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 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 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 1105. By Messrs. Pickard, Jones and Buck of the 84th, 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", so as to provide for the County to contribute to any political entity the County's contribution to said pension fund of any employee; and for other purposes.

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135

HB 1112. By Mr. Brooks of the 17th:
A bill to change the terms of the Superior Court of Madison County; and for other purposes.

HB 1113. By Mr. Wheeler of the 18th:
A bill to abolish the office of Treasurer of Elbert County; to provide that the Board of Commissioners of Elbert County shall appoint depositories for county funds; and for other purposes.

HB 1120. By Mr. Shanahan of the 8th:
A bill to amend an Act relating to the restriction of the use of certain devices used in hunting and trapping foxes in certain counties, so as to provide that such restrictions shall not be applicable where the owner of the property where such devices are used shall consent thereto; and for other purposes.

HB 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st:
A bill to amend the Act of the General Assembly of Georgia re-enacting the charter of the City of Macon; and for other purposes.

HB 1072. By Mr. Mauldin of the 12th:
A bill to change the terms of the Superior Court of Franklin County; and for other purposes.

SB 295. By Senator Abney of the 53rd:
A bill to amend an Act placing the Ordinary of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; and for other purposes.

SB 296. By Senator Abney of the 53rd:
A bill to amend an Act placing the Clerk of the Superior Court of Walker County on a salary basis, so as to change the total amount which deputies, clerks, assistants, and other personnel might receive; and for other purposes.

SB 297. By Senator Abney of the 53rd:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Walker County into the office of Tax Commissioner of Walker County, so as to change the total amount which deputies, clerks, assistants and other personnel might receive; and for other purposes.

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HB 1123. By Mr. Rush of the 51st:
A bill to repeal an Act entitled "An Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners", so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.

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

SB 360. By Senator Vann of the 10th:
A bill to amend Code Section 59-201, relating to the qualifications of grand jurors and the inability of certain public officers to serve as such, as amended, so as to provide that justices of the peace and notaries public ex officio justices of the peace shall not be eligible to serve as grand jurors; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 361. By Senators Stephens of the 36th and Padgett of the 23rd:
A bill to authorize and direct the governing authority of each county and municipality to provide hospitalization insurance for all peace officers who are employed by or hold office within the political jurisdiction affected, which insurance shall be paid for from county or municipal funds; to provide for minimum limits; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 362. By Senators Stephens of the 36th and Padgett of the 23rd:
A bill to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and the wardens of all county and State prisons to arrange for temporary transfer of prisoners who have been convicted of crimes, but who will likely be involved in lengthy appeals and thus forced to spend considerable time in jails which are not equipped to handle long-term prisoners; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

SB 363. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th and others:
A bill to authorize the governing authorities and courts of each county and municipality to accept criminal fines in installments from those individuals unable to pay the full amount immediately; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

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137

SB 365. By Senators Reynolds of the 48th, Young of the 13th, Fincher of the 51st and others:
A bill to amend an Act relating to the State Board of Corrections and to prisons, so as to provide that the State Board of Corrections shall continue to allocate prisoners to and use the county public works camps and prisoners which meet certain criteria; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

SB 366. By Senators Plunkett of the 30th and Broun of the 46th:
A bill to amend an Act creating the Georgia State Scholarship Commission, and authorizing the Commission to provide for the granting of scholarships to certain students, to provide that the terms and conditions governing award and repayment of scholarships shall include the requirement that a recipient repay his scholarship in cash or by practicing in a community in Georgia; to repeal conflicting laws; and for other purposes.
Referred to Committee on University System.

SB 367. By Senator Kidd of the 25th:
A bill to increase the membership of the Board of Education of Baldwin County by two members; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 368. By Senators Smith of the 18th, Chapman of the 32nd and Starr of the 44th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for the initiation of new programs on a matching basis or incentive grant basis; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters,

SB 369. By Senator Kennedy of the 4th:
A bill to provide that persons eighteen years of age or over may donate their blood; to provide for requirements and other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 370. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that the Supervisor shall adopt and promulgate rules and regulations governing the distribution of purchase requests

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throughout the fiscal year; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 371. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend Code Section 40-1901, relating to the establishment of the office of Supervisor of Purchases, as amended, so as to change the procedure for the appointment of the Supervisor of Purchases; to provide the qualifications for appointment to said office; to provide for the compensation of the Supervisor of Purchases; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 372. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 373. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that, if possible, the Supervisor of Purchases shall arrange to purchase certain supplies on an annual contract basis; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SR 219. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th and others:
A resolution creating the Bail Bonding Practices Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 220. By Senators Stephens of the 36th, Chapman of the 32nd and Padgett of the 23rd:
A resolution creating the Senate "Street Sweeping Ordinance" Study Committee; and for other purposes.
Referred to Committee on Rules.

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139

SR 221. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th and others:
A resolution creating the Senate Alcoholism Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 224. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption for certain disabled veterans; and for other purposes.
Referred to Committee on Banking and Finance.

SR 225. By Senators Garrard of the 37th and Patton of the 40th:
A resolution proposing an amendment to the Constitution, so as to provide the procedures whereby in all counties having a population in excess of 600,000 there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of each county comprising the county site of each such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills of the House were read the first time and referred to committees:

HB 1072. By Mr. Mauldin of the 12th:
A bill to change the terms of the Superior Court of Franklin County; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1105. By Messrs. Pickard, Jones and Buck of the 84th, 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", so as to provide for the County to contribute to any political entity the County's contribution to said pension fund of any employee; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1112. By Mr. Brooks of the 17th:
A bill to change the terms of the Superior Court of Madison County; and for other purposes. Referred to Committee on County and Urban Affairs.

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HB 1113. By Mr. Wheeler of the 18th:
A bill to abolish the office of Treasurer of Elbert County; to provide that the Board of Commissioners of Elbert County shall appoint depositories for county funds; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1120. By Mr. Shanahan of the 8th:
A bill to amend an Act relating to the restriction of the use of certain devices used in hunting and trapping foxes in certain counties, so as to provide that such restrictions shall not be applicable where the owner of the property where such devices are used shall consent thereto; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1123. By Mr. Rush of the Blst:
A bill to repeal an Act entitled "An Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners", so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st:
A bill to amend the Act of the General Assembly of Georgia re-enacting the charter of the City of Macon; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 352. By Senator Cox of the 21st: A bill to amend an Act providing for the creation of the office of Superior Court Reporter Emeritus, so as to change the requirements for becoming eligible to appointment as court reporter emeritus; to repeal conflicting laws; and for other purposes.
SB 353. By Senator Spinks of the 9th: A bill to amend Code Chapter 56-24 relating to the Insurance Contract in General, so that the insurance will provide the insured with full free-

THURSDAY, JANUARY 22, 1970

141

dom of choice in the selection of any doctor or therapist duly licensed to practice the healing arts in this State; to repeal conflicting laws; and for other purposes.

SB 354. By Senator Johnson of the 38th:
A bill to authorize certain guardians to obtain policies of life insurance on the lives of their wards; to repeal conflicting laws; and for other purposes.

SB 355. By Senator Pincher of the 51st:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide that each officer and employee of local organizations of the State Civil Defense Agency shall be entitled to join the Employees' Retirement System and to obtain prior service credit for all time spent as an officer or employee of any such local organization, upon payment of all employee contributions; to repeal conflicting laws; and for other purposes.

SB 356. By Senators Hensley of the 33rd, Smith of the 34th and Reeder of the 55th:
A bill to amend an Act governing and regulating the Act of the Public Roads and Highways in this State, so as to provide that motor buses of any urban transit system operating under the jurisdiction of the Public Service Commission may not exceed a total width of 102 inches; to provide that these buses may not be operated over a route of 50 miles, and may not be operated on the National System of Interstate and Defense Highways; and for other purposes.

SB 357. By Senator Hensley of the 33rd:
A bill to amend an Act to create the office of State Highway Board, Chairman of State Highway Board, and Treasurer of the State Highway Department, so as to recreate the office of the Treasurer of the State Highway Department; to provide for his appointment; and for other purposes.

SB 358. By Senator Webb of the llth:
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 credit for previous teaching service rendered in certain other State or independent school systems; to repeal conflicting laws; and for other purposes.

SB 359. By Senator Webb of the llth:
A bill to amend an Act establishing the Teachers' Retirement System, so as to redefine the term "teacher" as used in said Act; to repeal conflicting laws; and for other purposes.

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SB 364. By Senators Jackson of the 16th, Smalley of the 28th and Vann of the 10th:
A bill to amend an Act reorganizing the State Department of Law, so as to provide for an increase in the base salary of the Attorney General; and for other purposes.

SR 218. By Senator Hensley of the 33rd and Searcey of the 2nd:
A resolution recreating the Joint Highway Laws Interim Study Committee; and for other purposes.

SR 226. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to provide that whenever State funds become available, such funds may be expended in such manner as the General Assembly may provide for the purpose of paying increased benefits to those persons who have retired pursuant to the provisions of law relative to the State Employees' Retirement System and the Teachers' Retirement System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HR 517. By Messrs. Melton and Brown of the 32nd:
A resolution proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent; and for other purposes.

HR 518. By Messrs. Melton and Brown of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County; and for other purposes.

HR 523. By Messrs. Hudson and Dorminy of the 48th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to pass a special Act or Acts to merge the existing school district in the County of Ben Hill lying outside the corporate limits; and for other purposes.

The following reports of standing committees were read by the Secretary:

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143

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 4. Do not pass. SB 5. Do not pass. SB 211. Do not pass. SB 225. Do not pass.
Respectfully submitted, Holley of 22nd 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 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 343. Do pass.
SB 347. Do pass. Respectfully submitted,
Kidd of 25th District,
Chairman

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 and resolution 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.

SB 332. Do pass.

SR 211. Do pass.

Respectfully submitted,

Andrews of 49th District,

Chairman

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Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:

Mr. President:

Your Committee on Highways 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 356. Do pass by substitute.
SB 357. Do pass as amended.
SB 323. Do pass.
Respectfully submitted, Hensley of 33rd 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 158. Do not pass. SB 254. Do not pass. SB 305. Do not pass.
Respectfully submitted, Smalley of 28th District, Chairman

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

SB 324. By Senator Searcey of the 2nd:
A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to define the civil jurisdiction of said court in cases exceeding $500.00; 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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145

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

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

SB 344. By Senator Kidd of the 25th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Baldwin County and providing a salary in lieu thereof, so as to change the compensation of the Sheriff and to provide for automatic raises; 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 345. By Senator Kidd of the 25th: A bill to amend an Act abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu thereof, so as to change the compensation of the said tax collector and tax receiver and to provide for automatic salary increases; 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 346. By Senator Kidd of the 25th:
A bill to amend an Act placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of said ordinary and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.

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

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

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

HB 1034. By Mr. Howell of the 60th:
A bill to amend an Act placing the sheriff of Early County upon an annual salary, so as to change the compensation of the sheriff; to change the maximum compensation which may be received by certain employees of the sheriff's office; and for other purposes.

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

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

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

HB 1035. By Mr. Howell of the 60th:
A bill to repeal an Act entitled "An Act to amend the charter of the City of Blakely", relating to the location of polling places within said city, a board of commissioners for the control of the city's public utilities and the power of eminent domain; and for other purposes.

The report 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 1036. By Mr. Howell of the 60th: A bill to amend an Act entitled "An Act to create and incorporate the City of Blakely in lieu of the Town of Blakely," so as to delete therefrom the requirements for separate and distinct accounts relating to

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147

revenues and disbursements pertaining to the operation and maintenance of said city's public utilities; and for other purposes.

The report 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 1037. By Mr. Howell of the 60th:
A bill to amend an Act establishing a new charter for the Towm of Georgetown, so as to change the name of said town to the City of Georgetown; and for other purposes.

The report 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 1068. By Mrs. Merritt of the 46th:
A bill to amend an Act placing the Clerk of the Superior Court of Schley County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the Clerk of the Superior Court of Schley 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 1069. By Mrs. Merritt of the 46th:
A bill to abolish the present mode of compensating the Ordinary of Schley County, known as the fee system; to provide an annual salary; and for other purposes.

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

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

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

The President announced the Senate in recess at 10:15 o'clock A. M. until 12:30 o'clock P. M. in order that the Senate Committee on Appropriations meet with the House Committee on Appropriations to consider the Appropriations bill.

The Senate reconvened pursuant to the recess at 12:30 o'clock P. M. and was called to order by the President.

Senator Holloway of the 12th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Dr. Guy Hutcherson, pastor, First Methodist Church, Albany, Georgia.

The President announced as the doctor of the day, Dr. David A. Wells and as the nurse of the day, Miss Violet J. Taylor.

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

SB 224. 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 participation 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.

The Committee on Educational Matters offered the following amendment:
Amend SB 224 by striking the last sentence of quoted subparagraph (2) of Section I in its entirety and inserting in lieu thereof a new last sentence of quoted subparagraph (2) of Section I to read as follows:

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149

"Commencing with the 1970-71 fiscal school year, beginning on July 1, 1970, the estimated cost of the Statewide minimum foundation program shall be shared on a Statewide basis of eighty-one and one-half percent (81%%) State funds and eighteen and one-half percent (18%%) local funds."

so that when so amended said subparagraph (2) which amends subsection (b) of Section 22 of the "Minimum Foundation Program of Education Act," approved January 24, 1964 (Ga. Laws 1964, p. 3) as amended, particularly by an Act approved April 14, 1967 (Ga. Laws 1167, p. 759), and an Act approved April 9, 1968 (Ga. Laws 1968, p. 1161), as amended, shall read as follows:

"(2) The State Board of Education shall determine the portion of the estimated cost of the Statewide minimum foundation program to be paid by local funds by multiplying the estimated cost of the Statewide minimum foundation program for the school year by the percentage share of the cost of such Statewide program to be paid by local funds on a Statewide basis. Commencing with the 1970-71 fiscal school year, beginning on July 1, 1970, the estimated cost of the Statewide minimum foundation program shall be shared on a Statewide basis of eighty-one and one-half percent (81%%) State funds and eighteen and one-half percent (18%%) local funds."

On the adoption of the amendment, the ayes were 36, nays 5, and the amendment was adopted.

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

On the passage of the bill, the ayes were 30, nays 4.

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

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, operation and sick leave expenses not otherwise provided in said Act; to repeal conflicting laws; and for other purposes.

The Committee on Educational Matters offered the following amendment:
Amend SB 223 by striking the last phrase of Section 1 in its entirety and inserting in lieu thereof a new phrase:

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"not less than $1,350 per State-alloted teacher for the 1970-71 school year and each school year thereafter."

so that when so amended said Section 1 which amends Section 13 of the "Minimum Foundation Program of Education Act," approved January 24, 1964 (Ga. Laws 1964, p. 3) as amended shall read as follows:

Section 13. Amount of Funds Needed for Payment of Maintenance, Operation and Sick Leave Expenses. The amount of funds
needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in Section 11 through 21 of this Act shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of Section II of this Act by a sum of money per teacher to be determined by the State Board of Education which shall not be less than $1,050 per school year per State-allotted teacher through the 1968-69 school year, not less than $1,350 per Stateallotted teacher for the 1970-71 school year and each school year thereafter. The State Board of Education shall define the term 'maintenance, operation and sick leave expenses' and shall have authority to establish minimum requirements and standards for maintenance and operation of public school facilities and equipment and for local distribution, use and expenditure of funds allotted under this section to local units of administration."

On the adoption of the amendment, the ayes were 30, nays 11, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to .
On the passage of the bill, the ayes were 30, nays 11.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 311. By Senators Plunkett of the 30th, Gillis of the 20th, Webb of the llth and Young of the 13th: A bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services to its members"; 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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151

On the passage of the bill, the ayes were 42, nays 1.

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

SB 310. By Senators Chapman of the 32nd and Kidd of the 25th:
A bill to amend an Act, relating to a health insurance plan for State Employees, so as to increase the maximum permissible participation and contribution in the health insurance plan for employees by the State of Georgia; 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 310 by striking Section 2 in its entirety and inserting in lieu thereof the following:
"Section 2. This Act shall become effective on April 1, 1970."

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 3.

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

SB 320. By Senator Smalley of the 28th:
A bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes.

Senator Smalley of the 28th moved that SB 320 be postponed until Friday, January 23.

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On the motion the ayes were 36, nays 0; the motion prevailed, and SB 320 was postponed until Friday, January 23.

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

SR 197. By Senators Smith of the 18th, Holloway of the 12th and Adams of the 26th:
A resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Commission; to provide for the submission of the amendment for ratification or rejection; and for other purposes.
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Commission; to provide for the submission of the amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Constitution of the State of Georgia is hereby amended by striking Paragraphs I, II, III, IV, and IX of Section III of Article VII, and inserting in lieu thereof new Paragraphs I, II, III and IV to read as follows:
"SECTION III
PUBLIC DEBT
"Paragraph I. Purpose for Which Debt may be Incurred; Limitations. Any other provisions of this Constitution to the contrary notwithstanding, the State may incur public debt, as follows:
(a) The State may incur public debt without limit to repel invasion, suppress insurrection and defend the State in time of war.
(b) The State may incur public debt to supply such temporary deficit as may exist in the State Treasury in any fiscal year because of the necessary delay in collecting the taxes of that year but the debt so incurred shall not exceed, in the aggregate, five per cent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such debt is incurred, and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall

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153

be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph (b).

(c) The State may incur public debt of two types pursuant to this paragraph, general obligation debt and guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities for public purposes, and guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if the instrumentality is a public corporation and such revenue obligations are issued for toll bridge and toll road purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the then current year of any subsequent year for outstanding general obligation debt and guaranteed revenue debt (whether issued pursuant to this subparagraph (c) or sub-
paragraph (d)), including the proposed debt, and the highest aggregate annual payments for the then current year and any subsequent fiscal year of the State under all contracts then in force entered into by the State, State institutions, departments and agencies of the
State with any public agency, public corporation or authority and to which the provisions of Article VII, Section VI, Paragraph I (a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. For the purposes of this paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided that with regard to any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from the date said issue bears
to the maturity date.

General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason but shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of Paragraph I (a), Section VI, Article VII of this Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall

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appropriate to a special trust fund to be designated "State of Geor-
gia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general obligation debt payable there-
from. If the General Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, the State Treasurer shall set apart from the first revenues thereafter received, applicable to the general fund of the State, such amounts as are necessary to cure such deficiency and shall immediately deposit the same into the sinking fund, provided that the obligation to make such sinking fund deposits shall be subordinate to the obligation imposed upon the State Treasurer pursuant to the provisions of the second paragraph of Paragraph I (a) of Section VII of Article VII of this Constitution. The State Treasurer may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Govern-
ment, maturing no longer than twelve months from date of purchase.

Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life of the issue (which determination shall be conclusive) , specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special trust fund to be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations for the benefit of limited guaranteed debt shall not lapse for any reason but shall continue in effect until the debt for which such appropriation was authorized shall have been incurred but the General Assembly may repeal any such appropriation at any time prior to the payment of the same into said common reserve fund. Said common reserve fund shall be held and administered by the State Treasurer. If any payments are required to be made from said fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the State Treasurer shall pay from said common reserve fund the amount necessary to cure such deficiency. The State Treasurer shall then reimburse said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid; provided, that the obligation to make any

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155

such reimbursements shall be subordinate to the obligation imposed
upon the State Treasurer pursuant to the second paragraph of Paragraph I (a) of Section VI, Article VII of this Constitution and shall also be subordinate to the obligation hereinabove imposed upon the State Treasurer to make sinking fund deposits for the benefit of general obligation debt. The State Treasurer may be required to apply such funds as aforesaid at the suit of any holder
of any such guaranteed revenue obligations. The amount to the credit of said common reserve fund shall at all times be at least
equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of said fund. If at the end of any fiscal year of the State said fund is in excess of the required amount, the State Treasurer shall transfer such excess to the general funds of the State free of said trust. The funds in the said common reserve fund shall be as fully
invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the State. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase.

When any general obligation debt has first been incurred by the delivery of such debt to the purchasers thereof, then and from the date of such delivery, the State, and all State institutions, departments and agencies of the State shall be prohibited from entering into any contract with any public agency, public corporation, authority or similar entity which such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation or authority and, from and after the date of such delivery, in the event any contract between the State, or any State institution, department or agency of the State
and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior to the date of the first delivery of such general obligation debt shall continue to have the benefit of the protection afforded by the provisions of the second paragraph of Paragraph I (a) of Section VI, Article VII of this Constitution as fully and completely as though this amendment had not been adopted and for as long as any such contract shall remain in force and effect. Furthermore, nothing in this amendment is intended directly or by implication to have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to the holders of obligations secured by such contracts.

(d) The State may contract general obligation debt or guaranteed revenue without limit to fund or refund any such debt or any obligations issued upon the security of contracts to which the pro-

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visions of the second paragraph of Paragraph I (a), Section VI, Article VII of this Constitution are applicable. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund
any such public debt, the same may be accomplished by resolution of
the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding to the same extent and with the same effect as though the obligations to be issued had originally been authorized by action of the General Assembly as hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be incurred to fund or refund obligations heretofore issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article VII of this Constitution are applicable) and provided further, the maturity of the original debt or obligation may not be extended nor may the total interest remaining to be paid on such original debt or obligation be increased by any such funding or refunding. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred.

Paragraph II. Faith and Credit of State Pledged Debt May be Validated. The full faith, credit and taxing power of the State are hereby pledged to the payment of all public debt incurred under this Article and all such debt and the interest thereon shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner provided by the General Assembly and such validation shall be incontestable and conclusive.

Paragraph III. Georgia State Financing and Investment Commission; Duties. There is hereby created the Georgia State Financing and Investment Commission. The Commission shall consist of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Attorney General and the State Budget Officer. The Commission shall be responsible for the issuance of all public debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred except that the issuance of guaranteed revenue obligations shall be the responsibility of the
issuing instrumentality and the proceeds from such guaranteed revenue obligations shall be paid to the issuer thereof and such
proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purposes separately but the proceeds thereof must be segregated in accordance with the original purpose set forth in the authorization of the General Assembly and used solely for that purpose. The Commission shall be responsible for the investment of all proceeds to be administered by it. Income earned on any such investments may be used

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157

to pay operating expenses of the Commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I (a) of Section VI, Article VII of this Constitution are applicable. The Commission shall have such additional responsibilities, powers and duties with respect to public debt as shall be provided by law.

Paragraph IV. State Aid Forbidden. Except as herein provided, the credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation.

Section 2. This amendment is adopted for the purpose of providing a new and more effective method of financing the State's needs and its provisions and any law hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect the aforesaid purposes. Insofar as any provisions of this amendment or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of this amendment and laws enacted in furtherance thereof shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction this amendment shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing.

Section 3. When the above proposed Amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same have
been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed Amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the proposed Amendment shall have written or provided thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize incurring public debt; to provide for the payment of such
NO ( ) debt; and to create the Georgia State Financing and Investment Commission?"

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

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The Committee on Banking and Finance offered the following amendment:
Amend SR 197:
1. By striking the word "and" on line 21, page 2, and substituting in lieu thereof the word "or".
2. By striking the word "the" on line 8, page 3, and substituting in lieu thereof the word "its".
3. By striking the words "State Treasurer" on line 13, page 4, and substituting in lieu thereof the words "fiscal officers of the State".
4. By striking the word "limited" on line 12, page 5.
5. By inserting the word "revenue" between the word "guaranteed" and the word "debt" on line 13, page 5.
6. By striking the words "State Treasurer" in line 1, page 6, and substituting in lieu thereof the words "fiscal officers of the State".
7. By inserting after the word "contract" in line 27, page 6, the following: "(except contracts pertaining to guaranteed revenue debt)".
8. By striking the word "heretofore" on line 16, page 8.
9. By inserting after the words "Attorney General" on line 11, page 9, the following: ", Budget Analyst of the General Assembly".

On the adoption of the amendment, the ayes were 40, nays 0, and the amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend SR 197:
1. By striking lines 5 through 30, page 2, and lines 1 through 8, page 3, and inserting in lieu thereof the following:
" (c) The State may incur public debt of two types for public purposes pursuant to this paragraph, general obligation debt and guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, institutions, and those Authorities which were created and activated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I (a) of this Constitution for public purposes, and guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if the instrumentality is a public corporation and such revenue obligations are issued for toll bridge and toll road purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed

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revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article VII, Section VI, Paragraph I (a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. For the purposes of this paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided that with regard to any issue of debt incurred wholly or in part on a term basis for which a sinking fund is provided, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date."

Senator Plunkett of the 30th offered the following amendment to the above amendment offered by Senator Smalley of the 28th to SR 197:
Amend by striking the word "fifteen" where it appears in line 5, page 2, and inserting in lieu thereof the words "twelve and one-half".
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
Senator Smalley of the 28th offered the following amendment to his above amendment:
Amend by adding the word "State" before the word "authorities" in line 9.
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
On the adoption of the amendment by Senator Smalley of the 28th to SR 197, the ayes were 39, nays 0, and the amendment was adopted as amended.
Senator Smalley of the 28th offered the following amendment:
Amend SR 197: 1. By striking lines 25 through 30, page 7 and lines 1 through 27, page 8, and inserting in lieu thereof the following:
"(d) The State may incur general obligation debt or guaranteed revenue debt to fund or refund any such existing debt or to fund or refund any obligations issued upon the security of con-

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tracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article VII of this Constitution are applicable. In applying the fifteen percent limitation in subparagraph (c) above the general obligation debt or guaranteed revenue debt used to fund or refund existing debt or obligations shall be taken into account but the debt or obligation being funded or refunded shall not be taken into account. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund any such public debt, or obligation, the same may be accomplished by resolution of the Georgia State Financing and Investment Commission hereinafter created without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding to the same extent and with the same effect as though the obligations to be issued had originally been authorized by action of the General Assembly as
hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article VII of the Constitution of 1945 are applicable and the continuing appropriation required to be made under the said provisions of the Constitution of 1945 shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend
beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred."

Senator Plunkett of the 30th offered the following amendment to the above amendment offered by Senator Smalley of the 28th to SR 197:
Amend by striking the word "fifteen" where it appears beginning on line 10, page 1, and inserting in lieu thereof the words "twelve and one-half".
On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.
On the adoption of the amendment by Senator Smalley of the 28th to SR 197, the ayes were 40, nays 0, and the amendment was adopted as amended.

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161

Senator Smalley of the 28th offered the following amendment:

Amend SR 197: 1. By inserting the words "and used solely" between the word "segregated" and the word "in" on line 24, page 9.

2. By striking the words "and used solely for that purpose" as they appear on lines 25 and 26, page 9.

3. By striking the word "Income" on line 28, page 9, and inserting in lieu thereof the words "The General Assembly may provide that income".

On the adoption of the amendment, the ayes were 39, nays 1, 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.

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 Pincher of 54th Garrard
Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett 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 55, nays 0.

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

SR 194. By Senators Bateman of the 27th, Tysinger of the 41st, Starr of the 44th and others:
A resolution urging the Atlanta Mayor and Board of Aldermen, the commercial airline companies servicing Atlanta and the Federal Aviation Administration to locate the second Atlanta area airport at Site "D", in Henry County; and for other purposes.

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A RESOLUTION
Urging the Atlanta Mayor and Board of Aldermen, the commercial airline companies servicing Atlanta and the Federal Aviation Administration to study the feasibility and desirability of locating the second Atlanta area airport at Site "D", in Henry County; and for other purposes.
WHEREAS, it is a well-known fact that the Atlanta area is in need of a modern, regional airport which will serve not only the people of Atlanta, but all Georgians, and residents of other states in the Southeast; and
WHEREAS, much controversy has been centered around which site should be selected for this new, modern airport, and the choices appear to have narrowed down to two: Site "A", five miles north of Alpharetta, in Fulton County, and Site "D", located in a sparsely populated area of Henry County; and
WHEREAS, it is hoped that those individuals who have the final decision as to which site will be selected will concentrate on the public's interest.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby urges that the Atlanta Mayor and Board of Aldermen, the commercial airline companies servicing the Atlanta area and the Federal Aviation Administration to study the feasibility and desirability of locating the second Atlanta airport at Site "D", in Henry County.
BE IT FURTHER RESOLVED that the Secretary of the Senate transmit a copy of this Resolution to the Atlanta Mayor and Board of Aldermen, the President of each airline company servicing Atlanta and the Director of the Federal Aviation Administration.
Senator Johnson of the 38th offered the following amendment to the committee substitute:

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163

Amend by changing the period at the end of line 25 to a comma and adding the following "and Site 'A' in Fulton County and to select said site which is most convenient for public use, and that said Bodies referred to above execute their duties free from political pressure or consideration."

Senator Bateman of the 27th moved that SR 194 be postponed until Monday, January 26.

Senator Andrews of the 49th moved that SR 194 be postponed indefinitely.

Senator Adams of the 26th moved that SR 194 be tabled.

The President stated that the motion to table takes precedence.

On the motion to table, the ayes were 19, nays 26, and the motion was lost.

The President stated that the motion to postpone indefinitely takes precedence over a motion to postpone to a definite date.

On the motion to postpone indefinitely, the ayes were 32, nays 14; the motion prevailed, and the resolution was postponed indefinitely.

SR 216. By Senator Holloway of the 12th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following:

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"The General Assembly shall be authorized to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the option of the taxpayer, in the same manner and on the same basis as other tangible personal property, not including motor vehicles, or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year in such manner as the General Assembly shall provide."

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 authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation, at the op-
NO ( ) tion of the taxpayer, in the same manner and on the the same basis as other tangible personal property, not including motor vehicles, or upon the basis of the average annual inventory maintained by the taxpayer during the immediately preceding calendar year in such manner as the General Assembly shall provide?"

''

All persons desiring to vote in favor of ratifying the proposed amend-

ment 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 Adams of 5th Adams of 26th Andrews Bateman

Broun of 46th Brown on 47th Carter Chapman Coggin

Cox Dean Doss Eldridge Fincher of 51st

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165

Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London

McGill Miller Noble Padgett Patton Pennington Plunkett 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 55, nays 0.

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

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following resolution, favorably reported by the committee, was read the

third time, and put upon its passage:

,

SR 217. By Senator Holloway of the 12th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from all taxation property used exclusively for the burial or interment of human remains if such property is not held for the purpose of sale or lease; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking from the first sentence thereof the words "or burial" and by adding at the end of the first paragraph thereof the following sentence:

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"The General Assembly may exempt from all taxation property used exclusively for the burial or interment of human remains if such property is not held for the purpose of sale or lease."

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 provide that the General Assembly may exempt from all
NO ( ) taxation property used exclusively for the burial or interment of human remains if such property is not held for the purpose of sale or lease?"

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.

Senator Webb of the llth offered the following amendment:
Amend SR 217 by inserting the word "real" before the word "property" wherever it appears in said resolution.

On the adoption of the amendment, the ayes were 43, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

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 McGill Miller
Noble

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167

Padgett Fatten Pennington Plunkett Reynolds
Riley Rowan Scott Searcey Smalley
Smith of 18th

Smith of 34th Spinks Starr
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 54, nays 0.

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

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

SB 298. By Senators Coggins of the 35th and Plunkett of the 30th:
A bill to implement the provisions of the Federal Intergovernmental Cooperation Act of 1968; to change the name of the State Planning and Programming Bureau and further changes; to repeal conflicting laws; and for other purposes.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 298 by adding a new subsection to Section 14 at the end thereof to be designated as subsection (j) to read as follows:
"(j) when appropriate, administer funds involving more than one political subdivision."

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.

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On the passage of the bill, the ayes were 33, nays 2.

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

The President resumed the Chair.

SB 333. By Senator Webb of the llth:
A bill to change the name of the "Southwestern State Hospital" to "Bainbridge State Hospital"; to repeal conflicting laws; and for other purposes.

Senator Vann of the 10th offered the following amendment:
Amend SB 333 on line 19 between the words "quasi-legal" and the word "or" insert the word "appropriations".

On the adoption of the amendment, the ayes were 20, nays 12, 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 321. By Senator Smalley of the 28th: A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees, by providing that such compensation may be paid from time to time as the condition of the trust or the trust estate permits; and for other purposes.
The report 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.

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169

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

Senator Smalley of the 28th moved that the following bill of the Senate be withdrawn from the Committee on Judiciary and recommitted to the Committee on Industry and Labor:

SB 322. By Senator Miller of the 43rd:
A bill to provide that the State Department of Industry and Trade shall prepare a State Building Code for submission to the 1971 General Assembly for their ratification or rejection; to provide that no amendments to said Code shall become effective until approved by the General Assembly; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes.

On the motion to recommit, the ayes were 34, nays 0; the motion prevailed, and SB 322 was recommitted to the Committee on Industry and Labor.

Senator Smalley of the 28th moved that the Senate reconsider its action in postponing the following bill until Friday, January 23:

SB 320. By Senator Smalley of the 28th:
A bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 320 was placed on the Senate Calendar.

The following bill, favorably reported by the committee and having been previously read the third time on this day, was put upon its passage:

SB 320. By Senator Smalley of the 28th:
A bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes.

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Senator Smalley of the 28th offered the following substitute:

A BILL
To be entitled an Act to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall apply to executors, by providing that the compensation of executors may be fixed by contract between the testator and the executor; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OR GEORGIA:

Section 1. That Section 113-1101 of the Code of Georgia of 1933, which provides that the powers, duties and liabilities of administrators, as therein set forth, shall be applicable to executors, be and the same is hereby amended by striking the period at the end of said Section, inserting in lieu thereof a colon, and the following "provided that the compensation, of the executor of any last will and testament may be agreed upon by such testator and such executor by contract in writing, entered upon before, at the time of, or after the execution of the will, which fee shall not exceed the legal rate unless such executor has a regular published schedule of fees, in which case the fee shall not exceed such regular published schedule of fees of said executor. Any such contract or agreement between a testator and such executor shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will" so that said Section as amended shall read as follows:
113-1101. Powers, duties, and liabilities of administrators applicable to executors. All the provisions of this Code with reference to administrators of estates, prescribing the commissions allowed to them, their duties, powers, and liabilities, the mode of effecting sales, of making and receiving titles to property sold or purchased by their intestates, of investing the funds, of obtaining letters of dismission, of resigning their trusts, of removing proceedings to the county of their residence, of compelling settlements before the ordinary, of returns by representatives of deceased administrators, and in all other matters in their nature applicable to executors, shall be held and taken to apply to and include executors, to the same extent as if they were named therein; provided that the compensation of the executor of any last will and testament may be agreed upon by such testator and such executor by contract in writing, entered upon before, at the time of, or after the execution of the will, which fee shall not exceed the legal rate unless such executor has a regular published 'schedule of fees, in which case the fee shall not exceed such regular published schedule of fees of said executor. Any such contract or agreement between a testator and such executor shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will.

Section 2. All laws and parts of law in conflict with this Act are hereby repealed.

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171

On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.

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

On the passage of the bill, the ayes were 31, 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 334. By Senator Adams of the 26th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness be included within the scope of coverage hospital care rendered on account of mental illness and hospital care when rendered by any psychiatric hospital duly licensed by 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 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.
SB 339. By Senator Holloway of the 12th: A bill to amend Code Chapter 92-40, relating to municipal tax assessors, as amended, so as to provide that the board of tax assessors, or other assessing authorities in each municipality shall use as a fair market value of property subject to both municipal and county ad valorem taxation the value which is determined for county taxation purposes; to repeal conflicting laws; and for other purposes.
Senator Plunkett of the 30th moved that SB 339 be postponed until Monday, January 26.

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On the motion, the ayes were 35, nays 0, the motion prevailed, and SB 339 was postponed until Monday, January 26.

SB 340. By Senator Holloway of the 12th: A bill to amend Code Section 92-4611, relating to the duties of tax receivers, so as to provide that it shall be the duty of the tax receiver to enter upon the digest prepared by him an itemization of all properties exempt from taxation along with the owner of such property and the reason such property is exempt from such taxation; 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 341. By Senator Holloway of the 12th: A bill to amend an Act providing the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine the valuation of various classes of property are reasonably uniform between the 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.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:

SR 196. By Senator Miller of the 43rd: A resolution commending Robert J. Castellani; and for other purposes.
The Committee on Judiciary offered the following amendment: Amend SR 196 by deleting in its entirety lines 13 and 14.

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173

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 as amended, was agreed to.

On the adoption of the resolution, the ayes were 40, nays 0.

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

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

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.

Senator Gillis of the 20th offered the following amendment:
Amend HB 75 by deleting the period after the word "supervisors" in Section 1, and by adding after the word "supervisor" the following:
"and all municipal and county officers in counties with a population of less than 15,000."

Senator Fincher of the 51st offered the following amendment:
Amend HB 75 by inserting in the title of the Act and in Section 1 after the words "public funds" the following:
"of any single branch of our government namely, City, County, or State."
After the words "public office", add the words "of any individual branch of government namely City, County, or State."

Senator Hensley of the 33rd offered the following amendment:
Amend HB 75 by striking Section 1 in its entirety, and inserting in lieu thereof:

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"A person may receive compensation paid from public funds only for services rendered in one elective public office. For all other elective public offices which any person may hold which compensation is paid out of public funds, he may receive only his necessary expenses, provided, however, that the office holder of the two elective offices may have the option, as to which of the offices that he receives compensation for his services."

Senator Reynolds of the 48th offered the following amendment:
Amend HB 75 by adding to Section 1: This bill will only apply to counties of 100,000 population or over."

Senator Adams of the 5th offered the following amendment:
Amend HB 75 by striking the phrase "Jan. 1, 1972," and inserting in lieu thereof the following:
"Jan. 1, 1971,"

Senator Cox of the 21st offered the following:
Amend HB 75 by deleting the period after the word "supervisors" in Section 1, and by adding after the word "supervisors" the following:
"and all municipal and county officers in counties with a population of less than 30,000."

Senator Abney of the 53rd moved that HB 75 be postponed indefinitely.

On the motion, the ayes were 28, nays 4; the motion prevailed, and HB 75 was postponed indefinitely.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 4. By Messrs, Lane of the 101st, Adams of the 100th, Ross of the 26th and others:
A bill to amend an Act declaring certain days as public and legal holidays, 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.

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175

The Committee on Business, Trade and Commerce offered the following amendment:

Amend HB 4 by striking the word "in" on line 1 of the title, and substituting in lieu thereof the word "of," and

By striking the word "in" on line 1 of Section 1, and substituting in lieu thereof the word "of,"

And by adding at the end of Section 1 a new sentence to read as follows:

"The provisions of this Act shall not apply to those persons employed in private industry, but shall apply only to bona fide employees of the State of Georgia."

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

Senator Johnson of the 38th offered the following amendment:
Amend HB 4 by changing Section 3 to Section 4 and by adding a new Section 3 to read as follows:
"That each employee in the State of Georgia shall be given a State holiday on January 15th of each year, beginning with January 15, 1971, in honor of Dr. Martin Luther King, Jr. and the said date, January 15, shall be declared a State holiday in honor of the late Dr. Martin Luther King, Jr."

The President ruled the amendment was not germane to the bill.

Senator Johnson of the 38th offered the following amendment:
Amend HB 4 by adding a new Section to be referred to Section 2A to read as follows:
"Each employee in the State of Georgia shall, upon reasonable notice to his employer, be permitted by his employer to take any necessary time off from his employment on January 15, 1971, and on January 15th of each year thereafter, in honor of the late Dr. Martin Luther King, Jr. Provided, however, that such necessary time shall not exceed four hours. Providing further, that the hour beginning the period to honor the late Dr. Martin Luther King, shall not begin before 1 P. M. o'clock on January 15th of each year."

Senator Pincher of the 54th moved that HB 4 be postponed indefinitely.

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On the motion, the ayes were 32, nays 9; the motion prevailed, and HB 4 was postponed indefinitely.

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 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th: A bill to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.
The following bill, favorably reported by the committee, was read the third time, and put upon its passage:
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.
Senator Webb of the llth moved that HB 842 be postponed indefinitely.
Senator Andrews of the 49th moved that HB 842 be tabled.

The President stated that the motion to table takes precedence.

On the motion to table, the ayes were 31, nays 5; the motion prevailed, and HB 842 was tabled.

Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills of the Senate, and has instructed me, as Chairman to report

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177

the same back to the Senate as correct and ready for transmission to the Governor:
SB 295. SB 296. SB 297.
Respectfully submitted, Eldridge of the 7th District, Chairman

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. tomorrow.

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Senate Chamber, Atlanta, Georgia, Friday, January 23, 1970.

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Webb of the llth reported that the journal of yesterday's proceedings had been read and found correct.

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

Senator Webb of the llth asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of 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 call of the roll 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 passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:

HB 658. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Georgia Building Authority (Hospital) Act", so as to increase the amount of bonds which the authority may issue at any one time; and for other purposes.

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179

HB 1038. By Mr. Melton of the 32nd:
A bill to authorize the governing authority of each municipality in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1039. By Mr. Melton of the 32nd:
A bill to authorize the governing authority of each county in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1040. By Mr. Melton of the 32nd:
A bill to impose a tax on obscene materials; to define terms; and for other purposes.

HB 1064. By Mr. McClatchey of the 113th:
A bill to amend a Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts in connection with the construction, alteration, repair or maintenance of a building structure appurtenances and applicances which undertake to hold the promisee free from liability for his own negligence shall be void and unenforceable as against public policy; and for other purposes.

HB 1149. By Messrs. Clarke of the 33rd, Maxwell of the 78th and Sherman of the 80th:
A bill to amend the Uniform Limited Partnership Act, so as to provide that a limited partnership may acquire property and take title thereto in the name of the partnership; and for other purposes.

HR 514. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, McCracken of the 36th, Harris of the 77th and Dodson of the 82nd:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.

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

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SB 374. By Senator Padgett of the 23rd:
A bill to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles, so as to provide for the designation of a person to act in the place and stead of a member of the State Board of Pardons and Paroles in cases where any such member, by reason of sickness or other providential cause becomes unable to perform the duties of his office; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

SB 375. By Senator Smalley of the 28th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 376. By Senator Smalley of the 28th:
A bill to amend an Act known as the "Motor Vehicle Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 377. By Senators Adams of the 26th and Bateman of the 27th:
A bill to amend the "Minimum Foundation Program of Education Act", so as to provide that after July 1, 1970, the State Board of Education shall certify and classify all teachers and certificated professional personnel, as a basis of certification and classification, achievement scores attained by such personnel on the National Teach'ers Examination; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.
SB 378. By Senators Adams of the 26th and Bateman of the 27th:
A bill to amend an Act requiring the compulsory school attendance of certain children within this State, so as to provide that said Act shall not apply to any child or person having control of any child when such child is receiving the equivalent or superior educational opportunities available in public or private schools; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

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181

SB 379. By Senators Adams of the 26th and Bateman of the 27th:
A bill to provide the circumstances and procedures under which a local school system may shorten its scholastic school year; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 380. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to authorize Area Planning and Development Commissions to undertake certain activities to facilitite the development of housing, and in connection therewith; to authorize said Commissions to employ staff; to authorize training of said staff; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 381. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to amend the Act known as the "Urban Redevelopment Law", to provide that the acquisition, planning, preparation for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circumstances; to provide for such circumstances and for all procedures; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 382. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to provide that standards for certain factory built housing prototypes, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing, housing prototypes, subsystems, materials and components for any county or municipality of this State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to amend the Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the

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executive branch of State government; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to amend an Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
SB 385. By Senator Broun of the 46th:
A bill to provide that it shall be unlawful for any person, firm, or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any object or objects without having said object or objects secured to said vehicle; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.
SB 386. By Senator Johnson of the 38th:
A bill to amend Code Section 26-1705, relating to the illegal use of credit cards, so as to make certain changes to clarify the meaning of said Code Section; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Financing.
SR 222. By Senators Adams of the 26th and Bateman of the 27th:
A resolution relative to funds for certain school systems; and for other purposes.
Referred to Committee on Educational Matters.
SR 227. By Senators Miller of the 43rd, Gillis of the 20th, Carter of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the exemption or partial exemption of the homestead of each resident of Georgia who has dependents who are attending private education institutions in lieu of public schools from all ad valorem taxation for school purposes, except such taxes levied for the purpose of retiring bonded indebtedness incurred for school purposes; and for other purposes.
Referred to Committee on Educational Matters.

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183

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelopment work; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 229. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SR 230. 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 the restoration of all rights of persons convicted of certain crimes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Judiciary,

The following bills and resolution of the House were read the first time and referred to committees:

HB 658. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Georgia Building Authority (Hospital) Act", so as to increase the amount of bonds which the ity may issue at any one time; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.
Referred to Committee on Judiciary.

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HB 1038. By Mr. Melton of the 32nd:
A bill to authorize the governing authority of each municipality in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1039. By Mr. Melton of the 32nd:
A bill to authorize the governing authority of each county in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1040. By Mr. Melton of the 32nd:
A bill to impose a tax on obscene materials; to define terms; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1064. By Mr. McClatehey of the 113th:
A bill to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts in connection with he construction, alteration, repair or maintenance of a building structure, appurtenances and appliances which undertake to hold the promisee free from liability for his own negligence shall be void and unenforceable as against public policy; and for other purposes.
Referred to Committee on Judiciary.
HB 1149. By Messrs. Clarke of the 33rd, Maxwell of the 78th and Sherman of the 80th:
A bill to amend the Uniform Limited Partnership Act, so as to provide that a limited partnership may acquire property and take title thereto in the name of the partnership; and for other purposes.
Referred to Committee on Judiciary.
HR 514. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, McCracken of the 36th, Harris of the 77th and Dodson of the 82nd:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general

FRIDAY, JANUARY 23, 1970

185

election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.
Referred to Committee on Judiciary.

The following bills and resolutions were read the second time:

SB 360. By Senator Vann of the 10th:
A bill to amend Code Section 59-201, relating to the qualifications of grand jurors and the inability of certain public officers to serve as such, as amended, so as to provide that justices of the peace and notaries public ex officio justices of the peace shall not be eligible to serve as grand jurors; to repeal conflicting laws; and for other purposes.

SB 361. By Senators Stephens of the 36th and Padgett of the 23rd:
A bill to authorize and direct the governing authority of each county and municipality to provide hospitalization insurance for all peace offi-" cers who are employed by or hold office within the political jurisdiction affected, which insurance shall be paid for from county or municipal funds; to provide for minimum limits; to repeal conflicting laws; and for other purposes.

SB 362. By Senators Stephens of the 36th and Padgett of the 23rd:
A bill to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and the wardens of all county and State prisons to arrange for temporary transfer of prisoners who have been convicted of crimes, but who will likely be involved in lengthy appeals and thus forced to spend considerable time in jails which are not equipped to handle long-term prisoners; to repeal conflicting laws; and for other purposes.

SB 363. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th and others:
A bill to authorize the governing authorities and courts of each county and municipality to accept criminal fines in installments for those individuals unable to pay the full amount immediately; to repeal conflicting laws; and for other purposes.

SB 365. By Senators Reynolds of the 48th, Young of the 13th, Fincher of the 51st and others:
A bill to amend an Act relating to the State Board of Corrections and to prisons, so as to provide that the State Board of Corrections shall con-

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tinue to allocate prisoners to and use the county public works camps and prisoners which meet certain criteria; to repeal conflicting laws; and for other purposes.

SB 366. By Senators Plunkett of the 30th and Broun of the 46th:
A bill to amend an Act creating the Georgia State Scholarship Commission, and authorizing the Commission to provide for the granting of scholarships to certain students, to provide that the terms and conditions governing award and repayment of scholarships shall include the requirement that a recipient repay his scholarship in cash or by practicing in a community in Georgia; to repeal conflicting laws; and for other purposes.

SB 367. By Senator Kidd of the 25th:
A bill to increase the membership of the Board of Education of Baldwin County by two members; to repeal conflicting laws; and for other purposes.

SB 368. By Senators Smith of the 18th, Chapman of the 32nd and Starr of the 44th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide for the initiation of new programs on a matching basis or incentive grant basis; to repeal conflicting laws; and for other purposes.
SB 369. By Senator Kennedy of the 4th:
A bill to provide that persons eighteen years of age or over may donate their blood; to provide for requirements and other matters relative thereto; to repeal conflicting laws; and for other purposes.
SB 370. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that the Supervisor shall adopt and promulgate rules and regulations governing the distribution of purchase requests throughout the fiscal year; to repeal conflicting laws; and for other purposes.
SB 371. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend Code Section 40-1901, relating to the establishment of the office of Supervisor of Purchases, as amended, so as to change the procedure for the appointment of the Supervisor of Purchases; to pro-

FRIDAY, JANUARY 23, 1970

187

vide the qualifications for appointment to said office; to provide for the compensation of the Supervisor of Purchases; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 372. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.

SB 373. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and others:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that, if possible, the Supervisor of Purchases shall arrange to purchase certain supplies on an annual contract basis; to repeal conflicting laws; and for other purposes.

SR 224. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution, so as to increase the homestead exemption for certain disabled veterans; and for other purposes.
SR 225. By Senators Garrard of the 37th and Patton of the 40th:
A resolution proposing an amendment to the Constitution, so as to provide the procedures whereby in all counties having a population in excess of 600,000 there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of each county comprising the county site of each such count; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
HB 1072. By Mr. Mauldin of the 12th:
A bill to change the terms of the Superior Court of Franklin County; and for other purposes.
HB 1105. By Messrs. Pickard, Jones and Buck of the 84th, 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", so as to provide for the County to contribute to any political entity the County's contribution to said pension fund of any employee; and for other purposes.

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HB 1112. By Mr. Brooks of the 17th:
A bill to change the terms of the Superior Court of Madison County; and for other purposes.

HB 1113. By Mr. Wheeler of the 18th: A bill to abolish the office of Treasurer of Elbert County; to provide that the Board of Commissioners of Elbert County shall appoint depositories for county funds; and for other purposes.
HB 1120. By Mr. Shanahan of the 8th: A bill to amend an Act relating to the restriction of the use of certain devices used in hunting and trapping foxes in certain counties, so as to provide that such restrictions shall not be applicable where the owner of the property where such devices are used shall consent thereto; and for other purposes.
HB 1123. By Mr. Rush of the 51st: A bill to repeal an Act entitled "An Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners", so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.
HB 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st: A bill to amend the Act of the General Assembly of Georgia re-enacting the charter of the City of Macon; and for other purposes.
The following resolutions were read and adopted:
SR 231. By Senators Walling of the 42nd and Patton of the 40th: A resolution commending the Georgia Youth Council; and for other purposes.
SR 233. By Senator Coggin of the 35th: A resolution commending the Atlanta Braves Baseball Team for winning the championship of the Western Division of the National League.
The following general bills, favorably reported by the committees, were read the third time, and put upon their passage:

FRIDAY, JANUARY 23, 1970

189

SB 326. By Senator Smalley of the 28th:
A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, by providing that the compensation of trustees may be fixed by contract between the settlor and the trustee; and for other purposes.

Senator Smalley of the 28th offered the following substitute:
A BILL
To be entitled an Act to amend Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, by providing that the compensation of trustees may be fixed by contract between the settler and the trustee; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Section 108-432 of the Code of Georgia of 1933, which provides that trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services, be and the same is hereby amended by striking the period at the end of said Section, inserting in lieu thereof a semicolon, and the following "provided that the compensation of the trustee of any trust may be agreed upon by such trustee and such settler by contract in writing, entered upon before, at the time of or after the execution of the trust instrument, which fee shall not exceed the legal rate unless such trustee has a regular published schedule of fees, in which case the fee shall not exceed such regular published schedule of fees of said trustee. Any such contract or agreement between a settlor and such trustee shall be valid and binding upon the trust of the settlor as fully and completely as if set forth in and made a part of the trust instrument" so that said Section as amended shall read as follows:
108-432 Compensation. Trustees, for their services, shall be entitled to the same compensation as guardians receive for similar services; provided that the compensation of the trustee of any trust may be agreed upon by such trustee and such settlor by contract in writing, entered upon before, at the time of or after the execution of the trust instrument, which fee shall not exceed the legal rate unless such trustee has a regular published schedule of fees, in which case the fee shall not exceed such regularly published schedule of fees of said trustee. Any contract or agreement between a settlor and such trustee shall be valid and binding upon the trust of the settlor as fully and completely as if set forth in and made a part of the trust instrument.
Section 2. All laws and parts of law that conflict with this Act are hereby repealed.

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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, was agreed to by substitute.

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 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 circumstances; and for other purposes.

Senator Smalley of the 28th moved that HB 163 be postponed until Monday, January 26.
On the motion, the ayes were 31, nays 0; the motion prevailed, and HB 163 was postponed until Monday, January 26.

SB 323. By Senator Miller of the 43rd:
A bill to amend the "Uniform Act Regulating Traffic on Highways" pertaining to the suspension of the license to operate motor vehicles of those persons who have refused to submit to such chemical tests used to determine the alcoholic and drug content of blood and the use thereof; to repeal conflicting laws; and for other purposes.
Senator Miller of the 43rd moved that SB 323 be postponed until Monday, January 26.
On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 323 was postponed until Monday, January 26.

SB 343. By Senator Kidd of the 25th:
A bill to amend an Act creating a Department of Public Safety and providing for the issuance, revocation, cancellation and suspension of driver's license, as amended, so as to provide for the issuance of an honorary driver's license to the spouse of any disabled veteran who is otherwise eligible for an honorary driver's license but who is permanently disabled and cannot drive a motor vehicle; to repeal conflicting laws; and for other purposes.

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191

The report 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 347. By Senator Kidd of the 25th: A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, as amended, so as to provide for the issuance of license tags to certain other veterans; 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 332. By Senators Smalley of the 28th, Bateman of the 27th and Hill of the 29th: A bill to prohibit any officer or employee of any county or independent public school system, or other person, from charging any Georgia radio station a fee or other recompense for broadcasting a play-by-play or other description of any high school athletic event; to repeal conflicting laws; and for other purposes.
Senator Smalley of the 28th moved that SB 332 be postponed until Monday, January 26.
On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 332 was postponed until Monday, January 26.
Senator Holloway of the 12th moved that the Senate do now adjourn until 10:00 o'clock A. M. Monday, and the motion prevailed.
The President announced the Senate adjourned until 10:00 o'clock A. M. Monday.

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Senate Chamber, Atlanta, Georgia Monday, January 26,1970

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by the President.

Senator Abney of the 53rd 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 Abney of the 53rd 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. Report 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 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A bill to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.

MONDAY, JANUARY 26, 1970

193

HB 1157. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a Court Reporter for said Circuit; and for other purposes.

HB 1159. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act providing a charter for the City of Adel, so as to create the office of city manager; and for other purposes.

HB 1163. By Messrs. Mullinax, Potts, Ware and Blalock of the 30th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes.

HB 1164. By Mr. Smith of the 43rd:
A bill to abolish the present mode of compensating the Ordinary of Emanuel County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

HB 1172. By Messrs. Fallin and Bostick of the 63rd:
A bill to fix the terms of the Superior Court of Colquitt County; to provide an effective date; and for other purposes.

HB 1179. By Messrs. Jones, Buck and Pickard of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th:
A bill to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus, so as to remove the provisions relating to the compensation and automobile maintenance allowances of the deputy marshals of the municipal court of Columbus; and for other purposes.
HB 1181. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens County, so as to provide for 4-year terms of office for members of the Board; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1185. By Messrs. Nunn and Peterson. of the 41st:
A bill to amend an Act creating a new charter for the City of Perry, so as to provide the procedures under which the compensation of the mayor and councihnen may be changed; and for other purposes.

HB 1187. By Messrs. Pickard and Jones of the 84th, Berry and Thompson of the 85th, Thompson and Davis of the 86th:
A bill to provide for a board of elections in each county of this State having a population of more than 155,000 and less than 185,000, to define its powers and duties concerning primaries and elections; to provide a method of appointment, resignation and removal of its members; and for other purposes.

HB 1188. By Messrs. Nunn and Peter son of the 41st:
A bill creating a Board of Commissioners of Houston County, so as to provide a procedure whereby the compensation of the members of the Board of Commissioners may be changed; and for other purposes.

The House had adopted the following resolutions of the House, to-wit:

HR 609. By Messrs. Pafford of the 64th, Nessmith of the 44th, Anderson of the 49th, Wheeler of the 57th, Phillips of the 50th, and many others:
A resolution urging the Commissioner of Agriculture to initiate a program of research to find profitable substitute crops for tobacco; and for other purposes.

HR 611. By Mr. Johnson of the 29th:
A resolution commending the Honorable Mrs. Roy R. (Vinnie) Williams, one of Georgia's finest novelists and biographers; and for other purposes.

HR 612. By Messrs. Mullinax of the 30th, Blalock of the 30th, Potts of the 30th, Bray of the 31st, Lewis of the 37th, and many others:
A resolution commending Honorable Spiro T. Agnew, Vice-President of the United States of America; and for other purposes.

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

SR 210. By Senators Plunkett of the 30th, Rowan of the 8th, Webb of the llth, and Gillis of the 20th:
A resolution commending the Honorable John H. Venable, M.D., Director of the Georgia Department of Public Health; and for other purposes.

MONDAY, JANUARY 26, 1970

195

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

SB 387. By Senator Chapman of the 32nd:
A bill to prohibit operation of clinical laboratories in this State unless licensed pursuant to this Act; to require licensure of laboratory directors and supervisors; to repeal conflicting: laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 388. By Senator Smalley of the 28th:
A bill to amend Section 113-1518 of Chapter 113-15 of the Code of Georgia, as amended, relating to investments made by executors, administrators, guardians and trustees so as to clarify same and to provide that the authorities contained in said Code Section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 389. By Senator Coggin of the 35th:
A bill to create the Georgia Professional Corporation Act; to define terms; to authorize certain persons licensed to practice a profession as a professional corporation; to provide for the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 390. By Senator Smalley of the 28th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", so as to provide for the definition of accessory; to provide for the definition of accessory security interest holder; to provide for the perfection of security interests in and liens against accessories; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 391. By Senators Hensley of the 33rd, Smith of the 34th, Adams of the 26th and others:
A bill to create a Department of Highways and Transportation for the purpose of providing adequate, safe, efficient transportation facilities and services at reasonable cost, and for the planning and development

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JOURNAL OF THE SENATE,

of such facilities and services; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 392. By Senators McGill of the 24th and Miller of the 43rd:
A bill to amend an Act providing for the regulation of the sale of livestock at auction, so as to change the bond requirements of livestock dealers; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SR 232. By Senators Bateman of the 27th, Garrard of the 37th, Patton of the 40th and others:
A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.

SR 234. By Senators Hensley of the 33rd, Smith of the 34th, Adams of the 26th and others:
A resolution proposing an amendment to the Constitution, so as to change the name of the "State Highway Board" to the "State Highway and Transportation Board"; and for other purposes.
Referred to Committee on Highways.

The following bills and resolution of the House were read the first time and referred to committees:

HB 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A bill to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1157. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a Court Reporter for said Circuit; and for other purposes.
Referred to Committee on Judiciary.

MONDAY, JANUARY 26, 1970

197

HB 1159. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act providing a charter for the City of Adel, so as to create the office of city manager; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1163. By Messrs. Mullinax, Potts, Ware and Blalock of the 30th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1164. By Mr. Smith of the 43rd:
A bill to abolish the present mode of compensating the Ordinary of Emanuel 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 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1172. By Messrs. Fallin and Bostick of the 63rd:
A bill to fix the terms of the Superior Court of Colquitt County; to provide an effective date; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1179. By Messrs. Jones, Buck and Pickard of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th:
A bill to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus, so as to remove the provisions relating to the compensation and automobile maintenance allowances of the deputy marshals of the municipal court of Columbus; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1181. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens County, so as to provide for four-year terms of office for members of the Board; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1185. By Messrs. Nunn and Peterson of the 41st: A bill to amend an Act creating a new charter for the City of Perry, so as to provide the procedures under which the compensation of the mayor and councilmen may be changed; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1187. By Messrs. Pickard and Jones of the 84th, Berry and Thompson of the 85th, Thompson and Davis of the 86th: A bill to provide for a board of elections in each county of this State having a population of more than 155,000 and less than 185,000, to define its powers and duties concerning primaries and elections; to provide a method of appointment, resignation and removal of its members; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1188. By Messrs. Nunn and Peterson of the 41st: A bill creating a Board of Commissioners of Houston County, so as to provide a procedure whereby the compensation of the members of the Board of Commissioners may be changed; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 609. By Messrs. Pafford of the 64th, Nessmith of the 44th, Anderson of the 49th and many others: A resolution urging the Commissioner of Agriculture to initiate a program of research to find profitable substitute crops for tobacco; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
The following bills and resolutions of the Senate and House were read the second time:
SB 374. By Senator Padgett of the 23rd: A bill to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles; so as to provide for the designation of a person to act

MONDAY, JANUARY 26, 1970

199

in the place and stead of a member of the State Board of Pardons and Paroles in cases where any such member, by reason of sickness or other providential cause becomes unable to perform the duties of his office; to repeal conflicting laws; and for other purposes.

SB 375. By Senator Smalley of the 28th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other purposes.

SB 376. By Senator Smalley of the 28th:
A bill to amend an Act known as the "Motor Vehicle Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other purposes.

SB 377. By Senators Adams of the 26th and Bateman of the 27th:
A bill to amend the "Minimum Foundation of Education Act", so as to provide that after July 1, 1970, the State Board of Education shall certify and classify all teachers and certificated professional personnel, as a basis of certification and classification, achievement scores attained by such personnel on the National Teachers Examination; to repeal conflicting laws; and for other purposes.

SB 378. By Senators Adams of the 26th and Bateman of the 27th:
A bill to amend an Act requiring the compulsory school attendance of certain children within this State, so as to provide that said Act shall not apply to any child or person having control of any child when such child is receiving the equivalent or superior educational opportunities available in public or private schools; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 379. By Senators Adams of the 26th and Bateman of the 27th:
A bill to provide the circumstances and procedures under which a local school system may shorten its scholastic school year; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 380. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development of housing, and in connection therewith; to authorize said Commissions to employ staff;

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JOURNAL OF THE SENATE,

to authorize training of said staff; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

SB 381. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others:
A bill to amend the Act known as the "Urban Redevelopment Law", to provide that the acquisition, planning, preparation for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circumstances; to provide for such circumstances and for all procedures; to repeal conflicting laws; and for other purposes.

SB 382. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others:
A bill to provide that standards for certain factory built housing prototypes, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing, housing phototypes, subsystems, materials and components for any county or municipality of this State; to repeal conflicting laws; and for other purposes.

SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others:
A bill to amend the Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; to repeal conflicting laws; and for other purposes.

SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others:
A bill to amend an Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; to repeal conflicting laws; and for other purposes.

SB 385. By Senator Broun of the 46th:
A bill to provide that it shall be unlawful for any person, firm, or corporation to operate or allow to be operated any truck, motor vehicle or other vehicle engaged in hauling or carrying any object or objects without having said object or objects secured to said vehicle; to repeal conflicting laws; and for other purposes.

SB 386. By Senator Johnson of the 38th:
A bill to amend Code Section 26-1705, relating to the illegal use of credit cards, so as to make certain changes to clarify the meaning of said Code Section; to repeal conflicting laws; and for other purposes.

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201

SR 222. By Senators Adams of the 26th and Bateman of the 27th:
A resolution relative to funds for certain school systems; and for other purposes.

SR 227. By Senators Miller of the 43rd, Gillis of the 20th, Carter of the 14th and others:
A resolution proposing an amendment to the Constitution so as to provide for the exemption or partial exemption of the homestead of each resident of Georgia who has dependents who are attending private education institutions in lieu of public schools from all ad valorem taxation for school purposes, except such taxes levied for the purpose of retiring bonded indebtedness incurred for school purposes; and for other purposes.

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelopment work; and for other purposes.

SR 229. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.

SR 230. 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 the restoration of all rights of persons convicted of certain crimes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

HB 658. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Georgia Building Authority (Hospital) Act", so as to increase the amount of bonds which the authority may issue at any one time; and for other purposes.

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.

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HB 1038. By Mr. Melton of the 32nd:
A bill to authorize the governing authority of each municipality in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1039. By Mr. Melton of the 32nd:
A bill to authorize the governing authority of each county in the State of Georgia to impose and collect an amusement tax on motion pictures, with a graduated rate assessed in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1040. By Mr. Melton of the 32nd:
A bill to impose a tax on obscene materials; to define terms; and for other purposes.

HB 1064. By Mr. McClatchey of the 113th:
A bill to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts in connection with the construction, alteration, repair or maintenance of a building structure, appurtenances and appliances which undertake to hold the promisee free from liability for his own negligence shall be void and unenforceable as against public policy; and for other purposes.

HB 1149. By Messrs. Clarke of the 33rd, Maxwell of the 78th and Sherman of the 80th:
A bill to amend the Uniform Limited Partnership Act, so as to provide that a limited partnership may acquire property and take title thereto in the name of the partnership; and for other purposes.

HR 514. By Messrs. Smith of the 43rd, Hale of the 1st, Busbee of the 61st, McCracken of the 36th, Harris of the 77th and Dodson of the 82nd:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1970; to provide for all matters relative thereto; to provide an effective date; to provide for submission of this Constitution for ratification or rejection; and for other purposes.

The following reports of standing committees were read by the Secretary:

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203

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 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 328. Do pass by substitute.

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 resolution of the Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
SR 218. Do pass.
Respectfully submitted, Smith of the 18th District, Vice Chairman.

Senator Broun of the 46th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia 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 366. Do pass.
Respectfully submitted, Broun of the 46th District, Chairman.

The following resolutions of the House were read and adopted:

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HE 612. By Messrs. Mullinax, Blalock and Potts of the 30th and many others:
A resolution commending Honorable Spiro T. Agnew, Vice President of the United States of America; and for other purposes.

HR 611. By Mr. Johnson of the 29th:
A resolution commending the Honorable Mrs. Roy R. (Vinnie) Williams, one of Georgia's finest novelists and biographers; and for other purposes.

The President announced as the doctor of the day, Dr. Harrison Rogers, Jr., and as nurse of the week, Mrs. Linda Carroll.

The President announced the Senate in recess at 10:45 o'clock A. M. until 1:00 o'clock P. M. in order that the Senate Committee on Appropriations meet with the House Committee on Appropriations to consider the Appropriations Bill.
The Senate reconvened pursuant to the recess at 1:00 o'clock P. M. and was called to order by the President.
Senator Holloway of the 12th asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.
Scripture reading and prayer were offered by Reverend Kimsey F. Warr, pastor, Pinecrest Baptist Church, Morrow, Georgia.
The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:
SB 323. By Senator Miller of the 43rd : A bill to amend the "Uniform Act Regulating Traffic on Highways" pertaining to the suspension of the license to operate motor vehicles of those persons who have refused to submit to such chemical tests used to determine the alcoholic and drug content of blood and the use 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.

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205

On the passage of the bill, the ayes were 39, nays 1.

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

Senator Andrews of the 49th moved that the following bill be removed from the table:

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.

On the motion, the ayes were 38, nays 0; the motion prevailed, and HB 842 was removed from the table and placed on the Senate Calendar.

The following resolution was read and adopted:

SR 237. By Senators Pennington of the 45th, Reynolds of the 48th, Andrews o' the 49th and others:
A resolution commending the Georgia Poultry Federation; and for other purposes.

The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:

SR 211. By Senators Bateman of the 27th, Rowan of the 8th, Webb of the llth and others: A resolution relative to public education; and for other purposes.
Senator Spinks of the 9th offered the following amendment:
Amend SR 211 by adding in the third paragraph after the last word the following:
"; that freedom of choice for teachers and students alike is one of our inherent rights as Americans."
On the adoption of the amendment, the ayes were 37, nays 1, and the amendment was adopted.

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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 41, nays 1.

The resolution, having received the requisite constitutional majority, was adopted as amended.
Senator Johnson of the 38th asked unanimous consent that the Journal reflect that if he had been on the floor of the Senate at the time the vote was taken on SR 211, he would have voted in the negative.
The consent was granted.
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 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st, and others:
A bill to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an Act of God or unforeseen events; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following general bill, favorably reported by the committee, was read the third time, and put upon its passage:

SB 342. By Senator Holloway of the 12th:
A bill to amend Code Chapter 92-50; relating to the collection, payment and settlement of taxes due the State and any county, so as to provide

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207

that each county may by ordinance provide for the payment of taxes upon tangible property, other than motor vehicles, at such times, and in such manner, and in accordance with such procedures as each county shall provide; to repeal conflicting laws; and for other purposes.

Senator Holloway of the 12th offered the following amendment:
Amend SB 342 by inserting at the end of Section 1, on line 29, the following:
"Nothing in this Section shall apply to the taxes upon property owned by those public utilities which are required to make their returns to the State Revenue Commissioner."

On the adoption of the amendment, the ayes were 33, nays 2, and the amendment was adopted.

Senator Fincher of the 51st offered the following amendment:
Amend SB 342 by adding in the title on line 8 after the word "commissioner" the following:
Provided that at least one year's notice be given before these ordinances take effect;"
and by adding after the word "commissioner" in line 24 the following:
"; provided that at least one year's notice be given before these ordinances take effect."

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

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 19, nays 18.
The bill, having failed to receive the requisite constitutional majority, was lost.
The President of the Senate resumed the Chair.

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Senator Andrews of the 49th moved that the following bill of the House be recommitted to the Committee on Educational Matters:

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.

On the motion to recommit, the ayes were 30, nays 0; the motion prevailed, and HB 842 was recommitted to the Committee on Educational Matters.

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

SB 307. By Senators Zipperer of the 3rd, Kennedy of the 4th, Riley of the 1st and others:
A bill to provide for the reclamation of natural resources owned by public entities when the deterioration of such resources is caused by an Act of God or unforeseen events; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:
Amend SB 307 by striking the title in its entirety and inserting in lieu thereof a new title to read as follows:
"An Act to provide for the reclamation of natural resources owned by any county or municipality when the deterioration of such resources is caused by erosion, Act of God or other unforeseen event; to authorize the use of State funds for such purposes; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes."
By striking the first sentence of Section 1 and inserting in lieu thereof a new sentence to read as follows:
"Section 1. Authorization is hereby granted for the use of State funds for the purpose of reclaiming natural resources owned by any county or municipality, which resources have deteriorated due to erosion, Act of God or other unforeseen event."
Senator Zipperer of the 3rd moved that the Senate agree to the House amendment to SB 307.

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209

On the motion, the ayes were 37, nays 0; the motion prevailed, and the House amendment to SB 307 was agreed to.

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. tomorrow.

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Senate Chamber, Atlanta, Georgia Tuesday, January 27, 1970.

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th reported that the journal of yesterday's proceedings had been read and found correct.

By unanimous consent, the reading 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 Webb of the llth asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Reverend Robert M. Huling, pastor, Calvary Baptist Church, Folkston, Georgia.

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

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211

HB 1044. By Mr. Gaynor of the 88th:
A bill to amend Code Section 29-409, relating to the witnessing of deeds executed out of this State, so as to delete therefrom certain of the requirements relating to the attachment of the seal and certain certifications when out-of-state notaries have witnessed such documents; and for other purposes.

HB 1049. By Mr. Douglas of the 42nd:
A bill to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls; and for other purposes.

HK 543. By Messrs. Knapp, Pinkston, Keen, Scarborough and Evans of the 81st, Dodson of the 82nd, Miller of the 83rd and Dorminy of the 48th:
A resolution authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U.S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.

HR 546. By Messrs. Buck of the 84th, Pinkston of the 81st, Townsend of the 115th, Geisinger of the 72nd, Smith of the 39th and others:
A resolution creating the Consolidated Retirement System Study Committee; and for other purposes.

HB 1028. By Mr. Lane of the 101st:
A bill to amend Code Chapter 26-17, relating to deceptive practices, so as to provide that it shall be unlawful for any person to issue, mail or otherwise deliver or attempt to deliver a credit card to any person in this State when such person has not applied therefor in writing; and for other purposes.

HB 1052. By Mr. Douglas of the 42nd:
A bill to amend an Act providing for personal jurisdiction over any nonresident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission or tortious act within this State, using or possessing real property situated within this State, as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.

The House has adopted the following resolutions of the House and Senate, to-wit:

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SR 233. By Senator Coggin of the 35th:
A resolution commending the Atlanta Braves Baseball Team for winning the championship of the Western Division of the National League; and for other purposes.

HR 625. By Messrs. Parker of the 44th, Peterson of the 41st, Joiner of the 35th, Barber of the 15th, Lane of the 44th, Parker of the 46th, and many others:
A resolution urging the State Board of Education to discontinue issuing Life Professional Certificates to teachers; and for other purposes.

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

SB 393. By Senator Adams of the 26th:
A bill to amend Code Section 49-701, relating to the custody and distribution of funds of minors and insane persons who have no legal guardian, as amended, so as to make said Code Section applicable to the funds; up to $2,500.00, of missing heirs; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 394. By Senator Adams of the 26th:
A bill to amend Code Section 26-2906, relating to certain unlawful activities involving machine guns, so as to provide that said Code Section shall not apply to any machine gun registered in accordance with the dictates of the National Firearms Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 395. By Senator Abney of the 53rd:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Bade County, as amended, so as to change the provisions relative to the compensation, expenses and allowances of the Commissioner; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 396. By Senator Abney of the 53rd:
A bill to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of

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213

the Ordinary of Dade County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 397. By Senator Rowan of the 8th:
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; to repeal conflicting laws; and for other purposes.
Referred to Committee on Institutions and Mental Health.

SB 398. By Senators Pennington of the 45th and Broun of the 46th:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, as amended, so as to provide for rewards to be paid to persons furnishing information leading to the arrest and conviction of persons charged with the crime of selling dangerous drugs or narcotic drugs or both; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 399. By Senator Rowan of the 8th:
A bill to vest in the tax commissioners 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; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 400. By Senator Johnson of the 38th:
A bill to amend an Act establishing the City Court of Atlanta passed December 15, 1871, and all amendatory Acts thereof, so as to provide that Judges of Criminal, Civil and Juvenile Courts of Fulton County shall be paid annual salaries at 90% of the annual salaries paid to Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.
SR 235. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to remove therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County

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School System shall not be subject to the homestead exemption provided by Article VII, Section I, Paragraph IV of the Constitution; and for other purposes.
Referred to Committee on Banking and Finance.

SR 236. By Senators London of the 60th and Andrews of the 49th:
A resolution creating the Senate Compulsory Insurance Study Committee ; and for other purposes.
Referred to Committee on Industry and Labor.

SR 238. By Senators Adams of the 26th, Webb of the llth, Carter of the 14th and others:
A resolution commending Judge William A. Bootle; and for other purposes.
Referred to Committee on Judiciary.

SR 239. By Senators Noble of the 19th, Kennedy of the 4th, Young of the 13th and others:
A resolution urging Congress to begin the proper legislative machinery for amending the United States Constitution, so as to provide for sixyear terms of office for all Federal judges; and for other purposes.
Referred to Committee on Judiciary.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1028. By Mr. Lane of the 101st:
A bill to amend Code Chapter 26-17, relating to deceptive practices, so as to provide that it shall be unlawful for any person to issue, mail or otherwise deliver or attempt to deliver a credit card to any person in this State when such person has not applied therefor in writing; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1044. By Mr. Gaynor of the 88th:
A bill to amend Code Section 29-409, relating to the witnessing of deeds executed out of this State, so as to delete therefrom certain of the requirements relating to the attachment of the seal and certain certifications when out-of-state notaries have witnessed such documents; and for other purposes.
Referred to Committee on Judiciary.

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215

HB 1049. By Mr. Douglas of the 42nd:
A bill to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls; and for other purposes.
Referred to Committee on Judiciary.

HB 1052. By Mr. Douglas of the 42nd:
A bill to amend an Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission or tortious act within this state, using or possessing real property situated within this State, as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.
Referred to Committee on Judiciary.

HR 543. By Messrs. Knapp, Pinkston, Keen, Scarborough and Evans of the 81st, Dodson of the 82nd, Miller of the 83rd and Dorminy of the 48th:
A resolution authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U.S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HR 546. By Messrs. Buck of the 84th, Pinkston of the 81st, Townsend of the 115th, Geisinger of the 72nd and others:
A resolution creating the Consolidated Retirement System Study Committee ; and for other purposes.
Referred to Committee on Retirement.

HR 625. By Messrs. Parker of the 44th, Peterson of the 41st, Joiner of the 35th and others:
A resolution urging the State Board of Education to discontinue issuing Life Professional Certificates to teachers; and for other purposes.
Referred to Committee on Educational Matters.

The following bills and resolution of the Senate and House were read the second time:

SB 387. By Senator Chapman of the 32nd:
A bill to prohibit operation of clinical laboratories in this State unless licensed pursuant to this Act; to require licensure of laboratory di-

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rectors and supervisors; to repeal conflicting laws; and for other purposes.

SB 388. By Senator Smalley of the 28th:
A bill to amend Section 113-1518 of Chapter 113-15 of the Code of Georgia, as amended, relating to investments made by executors, administrators, guardians and trustees so as to clarify same and to provide that the authorities contained in said Code Section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; to repeal conflicting laws; and for other purposes.

SB 389. By Senator Coggin of the 35th:
A bill to create the Georgia Professional Corporation Act; to define terms; to authorize certain persons licensed to practice a profession as a professional corporation; to provide for the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

SB 390. By Senator Smalley of the 28th:
A bill to amend an Act known as the "Motor Vehicle Certificate of Title Act", as to provide for the definition of accessory; to provide for the the definition of accessory security interest holder; to provide for the perfection of security interests in and liens against accessories; to repeal conflicting laws; and for other purposes.

SB 391. By Senators Hensley of the 33rd, Smith of the 34th, Adams of the 26th and others:
A bill to create a Department of Highways and Transportation for the purpose of providing adequate, safe, efficient transportation facilities and services at reasonable cost, and for the planning and development of such facilities and services; to repeal conflicting laws; and for other purposes.

SB 392. By Senators McGill of the 24th and Miller of the 43rd:
A bill to amend an Act providing for the regulation of the sale of livestock at auction, so as to change the bond requirements of livestock dealers; to provide an effective date; to repeal conflicting laws; and for other purposes.

SR 234. By Senators Hensley of the 33rd, Smith of the 34th, Adams of the 26th and others:
A resolution proposing an amendment to the Constitution, so as to change the name of the "State Highway Board" to the "State Highway and Transportation Board"; and for other purposes.

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217

HB 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A bill to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.

HB 1157. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a Court Reporter for said Circuit; and for other purposes.

HB 1159. By Messrs. Matthews, Bostick and Fallin of the 63rd:
A bill to amend an Act providing a charter for the City of Adel, so as to create the office of city manager; and for other purposes.

HB 1163. By Messrs. Mullinax, Potts, Ware and Blalock of the 30th:
A bill to amend an Act creating a new charter for the City of LaGrange, so as to increase the corporate limits; and for other purposes.

HB 1164. By Mr. Smith of the 43rd:
A bill to abolish the present mode of compensating the Ordinary of Emanuel County; known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

HB 1172. By Messrs. Fallin and Bostick of the 63rd:
A bill to fix the terms of the Superior Court of Colquitt County; to provide an effective date; and for other purposes.

HB 1179. By Messrs. Jones, Buck and Pickard of the 84th, Thompson and Davis of the 86th, Berry and Thompson of the 85th:
A bill to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace

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and to establish and create in lieu thereof a municipal court in and for the City of Columbus, so as to remove the provisions relating to the compensation and automobile maintenance allowances of the deputy marshals of the municipal court of Columbus; and for other purposes.

HB 1181. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens County, so as to provide for four-year terms of office for members of the Board; and for other purposes.

HB 1185. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating a new charter for the City of Perry, so as to provide the procedures under which the compensation of the mayor and councilmen may be changed; and for other purposes.

HB 1187. By Messrs. Pickard and Jones of the 84th, Berry and Thompson of the 85th, Thompson and Davis of the 86th:
A bill to provide for a board of elections in each county of this State having a population of more than 155,000 and less than 185,000, to define its powers and duties concerning primaries and elections; to provide a method of appointment, resignation and removal of its members; and for other purposes.

HB 1188. By Messrs. Nunn and Peterson of the 41st:
A bill creating a Board of Commissioners of Houston County, so as to provide a procedure whereby the compensation of the members of the Board of Commissioners may be changed; 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 and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 200. Do pass. SR 224. Do pass. SB 290. Do pass by substitute.
Respectfully submitted, Holley of 22nd District,
Chairman.

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219

Senator Brown of the 47th District, Acting 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 resolution of the Senate and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
SR 225. Do pass.
Respectfully submitted,
Brown of 47th District,
Acting Chairman.

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 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 301. Do pass. SR 205. Do pass. HB 610. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.
At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following general resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SR 218. By Senators Hensley of the 33rd and Searcey of the 2nd:
A resolution recreating the Joint Highway Laws Interim Study Committee ; and for other purposes.

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

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On the adoption of the resolution, the ayes were 29, nays 0.

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

The Chair announced as the doctor of the day, Dr. E. C. Atkins.

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

SB 356. By Senators Hensley of the 33rd, Smith of the 34th and Reeder of the

55th:

:

A bill to amend an Act governing and regulating the Act of the Public Roads and Highways in this State approved March 27, 1941, so as to to provide that motor buses of any urban transit system operating under the jurisdiction of the Public Service Commission may not exceed a total width of 102 inches; to provide that these buses may not be operated over a route of 50 miles, and may not be operated on the National System of Interstate and Defense Highways; 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. L. 1941, p. 449), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 772), an Act approved March 3, 1955 (Ga. L. 1955, p. 392), an Act approved February 13, 1956 (Ga. L. 1956, p. 83), an Act approved February 4, 1959 (Ga. L. 1959, p. 27), an Act approved February 17, 1964 (Ga. L. 1964, p. 83), an Act approved March 12, 1965 (Ga. L. 1965, p. 206), an Act approved February 21, 1968 (Ga. L. 1968, p. 30), and an Act approved April 24, 1969 (Ga. L. 1969, p. 637), so as to provide that motor buses of any urban transit system operating under the jurisdiction of the Public Service Commission may not exceed a total outside width, including load thereon, of One Hundred and Two (102) inches, not including mirrors and accessories attached thereto; to provide that these buses may not be operated over a route of fifty (50) miles or more and further may not be operated on the National System of Interstate and Defense Highways; to provide that in the event federal funds become available for the National System of Interstate and Defense Highways to states allowing the operation of vehicles with a width of one hundred and two (102) inches, or Federal law and regulation' allow the operation of such vehicles, then any vehicle may operate ove any highway of this state if it does not exceed a width of one hundrf and two (102) inches; to repeal conflicting laws; and for other purpos*

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221

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1.
An Act governing and regulating the use of the public roads and highways in this State, approved March 27, 1941 (Ga. L. 1941, p. 449), as amended, by an Act approved February 21, 1951 (Ga. L. 1951, p. 772), an Act approved March 3, 1955 (Ga. L. 1955, p. 392), an Act approved February 13, 1956 (Ga. L. 1956, p. 83), and Act approved February 4, 1959 (Ga L. 1959, p. 27), an Act approved February 17, 1964 (Ga. L. 1964, p. 83), an Act approved March 12, 1965 (Ga. L. 1965, p. 206), an Act approved February 21, 1968 (Ga. L. 1968, p. 30), and an Act approved April 24,1969 (Ga. L. 1969, p. 637), is hereby amended by striking Section 1 (a) in its entirety and inserting in lieu thereof a new Section l(a) to read as follows:
"Section l.(a) No vehicle shall exceed a total outside width, including load thereon, of ninety-six (96) inches, not including mirrors and accessories attached thereto: Provided, that buses of any urban transit system operating under the jurisdiction of the Public Service Commission may not exceed a total outside width, including load thereon, of one hundred and two (102) inches, not including mirrors and accessories attached thereto; and, further provided that these buses may not be operated over a route of fifty (50) miles or more and may not be operated on the National System of Interstate and Defense Highways. Provided, however, that in the event that funds appropriated under the Federal-Aid Highway Act of 1956, as amended (Title 23, United States Code) may be apportioned to any state allowing vehicles with a width of one hundred and two (102) inches to be operated on the National System of Interstate and Defense Highways, or in the event that any Federal laws and regulations thereunder permit the operation of vehicles of widths in excess of ninety-six (96) inches on the National System of Interstate and Defense Highways, the State Highway Department shall, by general order, permit the operation of any vehicles of a total outside width not exceeding one hundred and two (102) inches, including load thereon, and not including mirrors and accessories attached thereto, on the National System of Interestate and Defense Highways and any other highways in this State. No vehicle unladen or with a load shall exceed a height of thirteen (13) feet, six (6) inches; no vehicle or combination of vehicles shall exceed a total length of fifty-five (55) feet; single trip movements for necessary purposes of materials, objects or vehicles of dimensions which exceed the limits herein provided and which are of such nature that they cannot be readily dismantled or separated may be permitted but only upon the issuance of a special permit for such purpose, for a fee determined by the scale in Subsection (d) ; provided, that farming or agricultural equipment or forest management equipment, except vehicles hauling forest products, whether self-propelled or being hauled, may exceed the width or length herein fixed without requiring a special permit when such vehicle is being operated upon a public road or public highway during daylight hours, by the owner thereof or his agent, within a radius of forty (40) miles of the property of the owner, except on any highway comprising a portion of the

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National System of Interstate and Defense Highways. Provided, further, that loads of poles, logs, pilings, lumber, structural steel, timber, structural members, piping, and pre-stressed and pre-cast concrete may exceed the length herein fixed without requiring a special permit, but a special permit shall be required if the total length of vehicle and loads exceeds seventy-five (75) feet. Also further provided that vehicles transporting motor vehicles (commonly known as automobile carriers), may exceed the length herein fixed, but the total length of vehicle and shall not exceed sixty
(60) feet."

Senator Rowan of the 8th offered the following amendment to the committee substitute to SB 356:
Amend by striking in its entirety the second sentence in Section 1 (a), which begins on line 22, page 2 and ends on line 9, page 3, and reads as follows:
"Provided, however, that in the event that funds appropriated under the Federal-Aid Highway Act of 1956, as amended (Title 23, United States Code) may be apportioned to any state allowing vehicles with a width of one hundred and two (102) inches to be operated on the National System of Interstate and Defense Highways, or in the event that any Federal laws and regulations thereunder permit the operation of vehicles of widths in excess of ninety-six (96) inches on the National System of Interstate and Defense Highways, the State Highway Department shall, by general order, permit the operation of any vehicles of a total outside width not exceeding one hundred and two (102) inches, including load thereon, and not including mirrors and accessories attached thereto, on the National System of Interstate and Defense Highways and any other highways in this State."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

On the adoption of the committee substitute as amended, the ayes were 37, 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 39, nays 1.
The bill, having received the requisite constitutional majority, was passe by substitute.

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223

SB 332. By Senators Smalley of the 28th, Bateman of the 27th and Hill of the 29th:
A bill to prohibit any officer or employee of any county or independent public school system, or other person, from charging any Georgia radio station a fee or other recompense for broadcasting a play-by-play or other description of any high school athletic event; to repeal conflicting laws; and for other purposes.

Senator Smalley of the 28th offered the following substitute:
A BILL
To be entitled an Act to provide that no Georgia radio station shall be compelled to pay any county or independent school system a fee or other recompense for broadcasting a play-by-play or other description of high school athletic events in which a team of the high school in the county where such radio station is located is playing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. No Georgia radio station shall be compelled to pay any county or independent school system a fee or other recompense for broadcasting a play-by-play or other description of high school athletic events in which a team of the high school in the county where such radio station is located is playing.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 35, nays 0, and the substitute was adopted.

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

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

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

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment operated upon the public roads of this State shall be required to display

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certain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes.

The Committee on Public Utilities and Transportation offered the following substitute :
A BILL
To be entitled an Act to provide that certain slow-moving vehicles and equipment operated upon the public roads of this State shall be required to display certain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It shall be unlawful for any person to operate upon the public roads of this State any slow-moving vehicle or equipment, any animal-drawn vehicle, or any machinery designed for use, and generally operated, at speeds less than 25 miles per hour, including all road construction or maintenance equipment and machinery, except when engaged in actual construction or maintenance procedures, and all other construction equipment and machinery, unless there is displayed on the rear thereof an emblem which shall comply with Section 2.
Section 2. The emblem required by Section 1 of this Act shall conform with those standards and specifications adopted for slow-moving vehicles by the American Society of Agricultural Engineers in the month of December, 1966, and contained within said Society's standard: ASAE S276.1. Such emblem shall be mounted on the rear of such vehicles, in the approximate horizontal geometric center of the vehicle, at a height of 3 to 5 feet above the roadway, and shall be maintained at all times in a clean and reflective condition.
Section 3. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
Section 4. Nothing contained within this Act shall apply to any self-propelled two-wheel vehicle.
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 37, nays 1, and the substitute was adopted.

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

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225

On the passage of the bill, the ayes were 36, nays 3.

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

The President resumed the Chair.

SB 357. By Senator Hensley of the 33rd:
A bill to amend an Act to create the office of State Highway Board, Chairman, State Highway Board, and Treasurer of the State Highway Department so as to recreate the office of the Treasurer of the State Highway Department to provide for his appointment; and for other purposes.

The Committee on Highways offered the following amendment:
Amend SB 357 by striking from Section 7 the last two sentences beginning on line 8, page 2, and ending on line 20, page 2, and substituting in lieu thereof the following language:
"The director shall have the authority to appoint an assistant treasurer in the same manner and under the same conditions as set forth herein for the appointment of the said treasurer, including the qualifying in advance by giving bond of the same type, amount and paid for in the same manner as required of the treasurer. Said assistant treasurer shall assume the duties of office of treasurer upon the incapacity or death of the treasurer and shall serve until a new treasurer is appointed as herein provided."

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

Senator Hudgins of the 15th offered the following amendment:
Amend SB 357 by striking from lines 20-21 the words "Director of State Highway Department" and substituting therefor the words "The State Highway Board."
On the adoption of the amendment, the ayes were 18, nays 30, and the amendment was lost.
Senator Adams of the 26th offered the following substitute:

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A BILL

To be entitled an Act to amend an Act creating the State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, approved February 7, 1950 (Ga. Laws 1950, p.
62), as amended, so as to recreate the office of the Treasurer of the State Highway Department; to provide for his appointment, qualification and duties; to provide for the appointment of an acting Treasurer under certain conditions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act creating the State Highway Board, Chairman of
State Highway Board, and Treasurer of State Highway Department, approved February 7, 1950 (Ga Laws 1950, p. 62), as amended, is hereby amended by striking Section 7 in its entirety and by substituting in lieu thereof the following:

"Section 7. There is hereby created the office of the Treasurer of State Highway Department. Such Treasurer shall be appointed by the Highway Board. Before assuming the duties of his office, the Treasurer shall qualify by giving bond, with a corporate surety, licensed to do business in Georgia, in the amount of one hundred thousand ($100,000.00) dollars and payable to the Governor and his successors in office. Said bond shall be subject to the approval of the Governor and shall be conditioned on the faithful discharge of the duties of the office. The premium for said bond shall be paid out of the funds of the Department. The duties of the Treasurer shall be to receive all funds from all sources to which the Department is entitled, to account for all funds received by the Department, and to perform such other duties as may be required of him by the Director. The compensation of the Treasurer shall be determined and set by the Highway Board. In the event of the temporary incapacity of the Treasurer or a vacancy in the office of Treasurer, the Director shall have the authority to appoint an acting Treasurer until such time as the temporary incapacity of the Treasurer shall cease or a new Treasurer is appointed by the Board. Before assuming the duties of the office of Treasurer, such acting Treasurer shall qualify by giving bond of the same type and amount and in the same manner as required of the Treasurer."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, 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:

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227

Those voting in the affirmative were Senators:

Adams of 26th Andrews Bateman Dean Eldridge

Hudgins Jackson Patton Plunkett Reeder

Rowan Smalley Smith of 54th Tysinger Webb

Those voting in the negative were Senators:

Abney Adams of 5th Broun of 46th Brown of 47th
Carter Chapman Coggin Cox Doss Fincher of 51st Pincher of 54th Gillis Hardy

Hensley Hill Holley Holloway Johnson Kennedy Kidd London McGill Miller Noble Padgett Reynolds

Riley Scott Searcey Smith of 18th Spinks Starr Stephens Trippe Vann Ward Young Zipperer

On the adoption of the substitute, the ayes were 15, nays 38, and the substitute 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 37, nays 10.

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

SB 366. By Senators Plunkett of the 30th and Broun of the 46th:
A bill to amend an Act creating the Georgia State Scholarship Commission, and authorizing the Commission to provide for the granting of scholarships to certain students, to provide that the terms and conditions governing award and repayment of scholarships shall include the requirement that a recipient repay his scholarship in cash or by practicing in a community in Georgia; to repeal conflicting laws; and for other purposes.

Senator Plunkett of the 30th offered the following amendment:
Amend SB 366 by inserting in lieu of present Section 4 the following:

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"Section 4. This Act shall become effective April 1,1970.",

and by renumbering present Section 4 as Section 5.

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

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

On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolution was read and adopted:
SR 240. By Senators Andrews of the 49th, Zipperer of the 3rd, Abney of the 53rd and others: A resolution wishing Honorable Henry Castleman a Happy Birthday; and for other purposes.
Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following 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 307. Respectfully submitted, Eldridge of the 7th District, Chairman.

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. tomorrow.

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229

Senate Chamber, Atlanta, Georgia, Wednesday, January 28, 1970.

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Carter of the 14th 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 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.

Senator Carter of the 14th asked unanimous consent that the call of the roll 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 passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:

HB 1193. By Mr. Joiner of the 35th:
A bill to amend an Act creating the office of tax commissioner of Washington County, so as to change the compensation of the deputy tax commissioner and the assistants to the tax commissioner; and for other purposes.

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HB 1213. By Mr. Collier of the 54th:
A bill to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; and for other purposes.

HB 1214. By Mr. Collier of the 54th:
A bill to provide an annual salary for the sheriff of Terrell County; and for other purposes.

HB 1215. By Mr. Collier of the 54th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary, so as to change the method for determining the compensation of the Deputy Clerk of the Superior Court of Lee County; and for other purposes.

HB 1229. By Mr. Brooks of the 17th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; and for other purposes.

HB 1230. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the Ordinary of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of Ordinary shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1231. By Mr. Ballard of the 23rd:
A bill to place the Coroner of Newton County on an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 1232. By Mr. Ballard of the 23rd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County, so as to provide that the budget covering the cost of operating the office of tax commissioner shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

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231

HB 1233. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the Clerk of the Superior Court of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1234. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the sheriff of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1236. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the provisions relating to the salary and compensation and expenses of the Sheriff of Calhoun County; and for other purposes.

HB 869. By Messrs. Adams of the 100th, Lane of the 101st, Brantley of the 114th, Ross of the 26th, DeLong of the 80th, Dent of the 79th, Johnson of the 29th, Sims of the 106th and others:
A bill to amend Code Section 92-3107 relating to the definition of "gross income", so as to provide that "gross income" shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement Law; and for other purposes.

HB 1067. By Mr. Jordan of the 55th:
A bill to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be considered by parole authorities; and for other purposes.

HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A bill known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit system; to define urban transit systems under the terms hereof; and for other purposes.

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HR 259. By Messrs. Mason and Nash of the 13th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett County; and for other purposes.

HR 276. By Messrs. Gunter and Moore of the 6th:
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.
HR 545. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A resolution to ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; and for other purposes.
HR 583. By Mr. Grahl of the 40th: A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority; and for other purposes.
HR 584. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th: A resolution proposing an amendment to Article VII, Section VII, paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and Sewerage purposes; and for other purposes.
HR 587. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th, Floyd of the 7th, Dean of the 19th and others: A resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes.
HR 603. By Messrs. Mason and Nash of the 13th: A resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County to enact ordinances for the policing and governing of said county and enforcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; and for other purposes.

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233

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

SB 401. By Senator Abney of the 53rd:
A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 402. By Senator Abney of the 53rd:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relating to the compensation of said Commissioner; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 403. By Senators Vann of the 10th and Plunkett of the 30th:
A bill to amend Code Section 38-415, relating to the right of a defendant in a criminal case to testify or make a statement in his own behalf, so as to provide that the defendant shall be competent, but not compellable to testify in his own behalf; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 404. 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 legally constituted fiscal or financial agent of the county 100% of the cost of all welfare benefits to patients in a nursing home within the county which is within the confines or under the jurisdiction of any State institution or State Department; and for other purposes.
Referred to Committee on Appropriations.

SB 405. By Senators Chapman of the 32nd and Reeder of the 55th:
A bill to amend an Act, relating to the destruction of records of the various state departments, so as to provide that the State Department of Public Health may in its discretion destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

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SB 406. By Senators Pincher of the 54th, Garrard of the 37th, Eeeder of the 55th and others:
A bill to prohibit any person from operating a vehicle on the public roadways and highways of this State which discharges into the atmosphere visible emission obscuring transmission of light beyond 30%, whether such emissions are from the crankcase, the exhaust system, or from any part of the power system; to provide for an effective date; to repeal conflicting laws; and other purposes.
Referred to Committee on Highways.

SB 407. By Senator Gillis of the 20th:
A bill to provide minimum salaries for the county sheriffs of the State of Georgia, to be paid from county funds; to provide for periodic increases, retroactivity, and that no sheriff's salary shall be reduced because of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 408. By Senators Gillis of the 20th, Holloway of the 12th, Abney of the 53rd and others:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937", as amended, so as to provide that the State Department of Family and Children Services shall be under the control and supervision of the State Board of Family and Children Services; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 409. By Senators Plunkett of the 30th and Coggin of the 35th:
A bill to authorize the exercise of authority by any department or agency of State or local government; to specify what items must be present in any such agreement; to provide that any such agreement shall be submitted to the State Planning and Community Affairs Officer; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 410. By Senator Adams of the 5th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to delete the requirement that the driver of a vehicle approaching a railroad grade crossing stop his vehicle within not more than 50 feet but not less than 15 feet from the nearest rail; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

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235

SR 241. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to combine the County of Monroe with the County of Bibb, and to provide that the resulting County shall be called Bibb County; to provide for submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 242. By Senator Broun of the 46th:
A resolution authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to the City of Athens; and for other purposes.
Referred to Committee on -Economy, Reorganization and Efficiency in Government.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 869. By Messrs. Adams of the 100th, Lane of the 101st, Brantley of the 114th, Ross of the 26th, DeLong of the 80th and others:
A bill to amend Code Section 92-3107 relating to the definition of "gross income", so as to provide that "gross income" shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement Law; and for other purposes.
Referred to Committee on Banking and Finance.
HB 1067. By Mr. Jordan of the 55th:
A bill to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be considered by parole authorities; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit systems; to define urban transit systems under the terms hereof; and for other purposes.
Referred to Committee on Banking and Finance.

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HB 1193. By Mr. Joiner of the 35th:
A bill to amend an Act creating the office of tax commissioner of Washington 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 1213. By Mr. Collier of the 54th:
A bill to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1214. By Mr. Collier of the 54th:
A bill to provide an annual salary for the sheriff of Terrell County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1215. By Mr. Collier of the 54th:
A bill to amend an Act abolishing the fee system of compensating the clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary, so as to change the method for determining the compensation of the Deputy Clerk of the Superior Court of Lee County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1229. By Mr. Brooks of the 17th:
A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1230. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the Ordinary of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of Ordinary shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.
Referred to Committee on County and Urban Affairs.

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237

HB 1231. By Mr. Ballard of the 23rd:
A bill to place the Coroner of Newton County on an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1232. By Mr. Ballard of the 23rd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County, so as to provide that the budget covering the cost of operating the office of tax commissioner shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1233. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary in lieu of the fee system, so as to provide that the budget covering the cost of operating the office of the Clerk of the Superior Court of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1234. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the sheriff of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1236. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the provisions relating to the salary and compensation and expenses of the Sheriff of Calhoun County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 259. By Messrs. Mason and Nash of the 13th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett County; and for other purposes.
Referred to Committee on County and Urban Affairs.

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HR 276. By Messrs. Gunter and Moore of the 6th:
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 Government.

HR 545. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A resolution to ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; and for other purposes.
Referred to Committee on Banking and Finance.

HR 583. By Mr. Grahl of the 40th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 584. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A resolution proposing an amendment to Article VII, Section VII, paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 587. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th, Floyd of the 7th and others:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes.
Referred to Committee on Banking and Finance.
HR 603. By Messrs. Mason and Nash of the 13th:
A resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County to enact ordinances for the polic-

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239

ing and governing of said county and enforcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 393. By Senator Adams of the 26th:
A bill to amend Code Section 49-701, relating to the custody and distribution of funds of minors and insane persons who have no legal guardian, as amended, so as to make said Code Section applicable to the funds, up to $2,500.00, of missing heirs; to repeal conflicting laws; and for other purposes.

SB 394. By Senator Adams of the 26th:
A bill to amend Code Section 26-2906, relating to certain unlawful activities involving machine guns, so as to provide that said Code Section shall not apply to any machine gun registered in accordance with the dictates of the National Firearms Act; to repeal conflicting laws; and for other purposes.

SB 395. By Senator Abney of the 53rd:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Bade County, as amended, so as to change the provisions relative to the compensation, expenses and allowances of the Commissioner; to repeal conflicting laws; and for other purposes.

SB 396. By Senator Abney of the 53rd:
A bill to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Dade County; to repeal conflicting laws; and for other purposes.

SB 397. By Senator Rowan of the 8th:
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; to repeal conflicting laws; and for other purposes.

SB 398. By Senators Pennington of the 45th and Broun of the 46th:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, as amended, so as to provide for rewards to be paid to persons

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furnishing information leading to the arrest and conviction of persons charged with the crime of selling dangerous drugs or narcotic drugs or both; to repeal conflicting laws; and for other purposes.

SB 399. By Senator Rowan of the 8th:
A bill to vest in the tax commissioners 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; to repeal conflicting laws; and for other purposes.

SB 400. By Senator Johnson of the 38th:
A bill to amend an Act establishing the City Court of Atlanta passed December 15, 1871, and all amendatory Acts thereof, so as to provide that Judges of Criminal, Civil and Juvenile Courts of Fulton County shall be paid annual salaries at 90% of the annual salaries paid to Judges of the Superior Court of the Atlanta Judicial Circuit; and for other purposes.

SR 235. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to remove therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemption provided by Article VII, Section I, Paragraph IV of the Constitution; and for other purposes.

HB 1028. By Mr. Lane of the 101st:
A bill to amend Code Chapter 26-17, relating to deceptive practices; so as to provide that it shall be unlawful for any person to issue, mail or otherwise deliver or attempt to deliver a credit card to any person in this State when such person has not applied therefor in writing; and for other purposes.

HB 1044. By Mr. Gaynor of the 88th:
A bill to amend Code Section 29-409, relating to the witnessing of deeds executed out of this State, so as to delete therefrom certain of the requirements relating to the attachment of the seal and certain certifications when out-of-state notaries have witnessed such documents; and for other purposes.

HB 1049. By Mr. Douglas of the 42nd:
A bill to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for

WEDNESDAY, JANUARY 28, 1970

241

money or other thing of value at any game played with cards, dice or balls; and for other purposes.

HB 1052. By Mr. Douglas of the 42nd:
A bill to amend an Act providing for personal jurisdiction over any nonresident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission or tortious act within this state, using or possessing real property situated within this state, as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.

HR 543. By Messrs. Knapp, Pinkston, Keen, Scarborough and Evans of the 81st, Dodson of the 82nd, Miller of the 83rd and Dorminy of the 48th:
A resolution authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U.S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.

HR 546. By Messrs. Buck of the 84th, Pinkston of the 81st, Townsend of the 115th, Geisinger of the 72nd and others: A resolution creating the Consolidated Retirement System Study Committee; and for other purposes.
The following reports of standing committees were read by the Secretary:
Senator Brown of the 47th District, Acting 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 House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations :
HB 1072. Do pass. HB 1105. Do pass. HB 1112. Do pass. HB 1113. Do pass. HB 1153. Do pass. HB 1159. Do pass. HB 1163. Do pass.

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HB 1164. Do pass. HB 1179. Do pass. HB 1181. Do pass. HR 517. Do pass. HR 518. Do pass. HR 523. Do pass.

Respectfully submitted, Brown of 47th District, Acting 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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SB 82. Do pass.

SB 369. Do pass.

Respectfully submitted,

Chapman of 32nd District,

Chairman.

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 bills and resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 64. Do not pass. SB 81. Do not pass. SB 209. Do not pass. SB 210. Do not pass. SB 242. Do not pass.

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243

SR 17. Do not pass. SR 49. Do not pass. SR 93. Do not pass.

Respectfully submitted, Holloway of 12th 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 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 300. Do pass as amended. SB 319. Do pass. SR 118. Do not pass. HB 50. Do pass as amended. HB 139. Do pass as amended. HB 378. Do not pass.
Respectfully submitted, Smalley of 28th District, Chairman.

Senator Smith of the 34th District, Secretary of the Committee on Temperance, 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 Secretary, to report the same back to the Senate with the following recommendations:
SB 309. Do pass as amended. Respectfully submitted, Smith of 34th District, Secretary.

Senator Fineher of the 54th District, Chairman of the Committee on Temperance, submitted the following report:

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Mr. President:

Your Committee on Temperance has had under consideration the following bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 262. Do pass.
SB 288. Do pass.
Respectfully submitted,
Fincher of 54th District,
Chairman.

Scripture reading and prayer were offered by Dr. John Richardson, PastorEmeritus, Westminster Presbyterian Church, Atlanta, Georgia.

The following general bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SB 301. 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 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 31, nays 0.

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

The President announced as the doctor of the day, Dr. W. C. Mitchell.

The following general resolutions of the Senate, favorably reported by the committees, were read the third time, and put upon their passage:
SR 200. By Senator Kidd of the 25th: A resolution creating the State Employees' Health Insurance Plan Study Committee; and for other purposes.

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245

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.

SR 205. By Senator Kidd of the 25th:
A resolution to amend a Resolution creating the Uniform Consumer Credit Code 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 41, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SR 224. By Senator Kidd of the 25th:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the figure "10,000.00" from the seventh paragraph of Article VII, Section I, Paragraph IV and inserting in lieu thereof the figure "12,500.00", so that the seventh paragraph of Article VII, Section I, Paragraph IV, when so amended, shall read as follows:
"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from

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all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled veteran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled as a result of such service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower extremeties, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair."

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 increase the homestead exemption for disabled veterans who have been disabled as a result of service in the armed forces, by paraplegia or permanent paralysis of both legs and lower parts of the body resulting from traumatic injury
) to the spinal cord or brain, or paraplegia or such permanent paralysis resulting from multiple sclerosis, or
by total blindness, or by the amputation of both legs or both arms, or loss, or loss of use, of both lower extremeties, such as to preclude locomotion without the aid of braces, crutches, canes or a wheelchair?"

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 Adams of 5th

Adams of 26th Andrews

Bateman Broun of 46th

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247

Carter Chapman Coggin Cox Dean Doss Fincher of 51st Fincher of 54th Garrard Gillis Hensley Hill Holley Holloway Hudgins

Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Reeder Reynolds Riley Rowan

Scott Searcey 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 51, nays 0.

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

The following resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:
SR 225. By Senators Garrard of the 37th and Patton of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide the procedures whereby in all counties having a population in excess of 600,000, there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of each such county and the municipality comprising the county site of each such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI of the Constitution is hereby amended by adding at the end thereof a new Section III, to read as follows:
"SECTION III
Paragraph I. Effective at the time provided for hereinafter, in all counties of this State having a population in excess of 600,000,

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according to the latest United States decennial census, there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of each such county and of the municipality comprising the county site of each such county. Effective 11:59 p.m. on the 31st day of December in the second year following that year in which a census shall be taken in which a county shall exceed said population, the charters of the municipal corporations comprising the county site of all such counties shall be abolished, and the governing authorities of all such counties shall also be abolished. Thereafter, the affairs and functions of such counties and such municipalities shall be administered by but one governing authority in such county. At such time, the assets, rights, liabilities and obligations, of whatever nature, of all such counties and abolished municipalities shall be assumed by the successor governing authority and shall be the assets, rights, liabilities and obligations of such successor governing authority. The General Assembly shall provide by law for the creation of each such successor governing authority as hereinafter provided.

Paragraph II. Notwithstanding any other provisions of this Constitution to the contrary, in order to carry into effect the consolidation and merger of all activities, functions and affairs formerly exercised and administered by the respective counties and municipalities provided for in Paragraph I of this Section, the General Assembly shall have the complete and full authority to provide by necessary legislation for the transfer to the successor governing authority any or all of the powers, duties, rights, responsibilities and obligations formerly vested in and exercised by such county governing authorities and municipalities, or by any agency or instrumentality thereof, or combination of agencies or instrumentalities, without further specific authorization by this Constitution. To this end, the General Assembly may abolish, preserve, re-create or alter, in any manner necessary, any agency, office, officer, constitutional officer or instrumentality of such political subdivisions, or create any instrumentalities, agencies, offices or officers to carry out the consolidation and merger of the political subdivisions and their functions and responsibilities as provided for in Paragraph I of this Section. The General Assembly may provide how any state or federal program, or any combination thereof, shall be administered and carried out and shall possess the authority to provide what agencies and instrumentalities of the successor governing authority
may administer such programs.

Paragraph III. The resulting political subdivision formed by the consolidation and merger of the counties and municipalities provided for in Paragraph I of this Section shall be deemed, for all applicable purposes of this Constitution and the laws of this State, to be both county and municipal in nature unless specifically provided for otherwise by this Section and the General Assembly. In the event there shall be an irreconcilable conflict between the nature of such resulting political subdivision for any purpose, then the governing authority of the political subdivision may elect to be either municipal or county in nature for that specific purpose.

WEDNESDAY, JANUARY 28, 1970

249

Paragraph IV. In providing for successor governing authorities, the General Assembly shall provide in each instance for two alternative forms for the composition of the governing authorities for such counties. Such alternative forms of governing authorities as the General Assembly shall devise shall be submitted to the electors of the successor political subdivision. The form of government for said political subdivision which shall receive a majority of the votes cast in such election shall be the governing authority for such political subdivision.
Paragraph V. The General Assembly may provide for the creation of two or more taxing districts within the resultant political subdivision formed by the consolidation and merger of the counties and municipalities provided for by Paragraph I of this Section, whereby taxes, licenses and fees shall be assessed, levied, and collected by the governing authorities of such political subdivisions within said taxing districts. The General Assembly may authorize the governing authorities of such political subdivisions to levy any tax, license or fee within such districts which is not prohibited by the general laws of this State. The rate and manner of such taxation and regulatory measures may vary in any one district from that in another or other districts. The General Assembly may provide that the powers, authority, duties, liabilities and functions of the successor governing authority may vary from district to district.
Paragraph VI. Notwithstanding any other provisions of this Constitution to the contrary, the indebtedness which may be incurred by each political subdivision resulting from the consolidation and merger provided for in Paragraph I of this Section shall never exceed a sum represented by the addition of a figure equal to seven percentum of the assessed value of all taxable property located within the political subdivision and a figure equal to the aggregate indebtedness of the abolished municipality within the political subdivision which is outstanding at the time of its abolishment.

Paragraph VII. Nothing contained within this Section shall be deemed or construed so as to alter, abolish or affect, in any manner whatsoever, any court or system of courts exercising jurisdiction throughout the territorial limits of any such county as is provided for in Paragraph I of this Section. The General Assembly shall be authorized to create within such counties a court or system of courts and confer upon its jurisdiction to issue warrants, try cases and impose sentences in all misdemeanor cases arising under any provision of any law or ordinance regulating traffic or the ownership and operation of motor vehicles without regard to the rules of uniformity required by this Constitution.

Paragraph VIII. In the event that any municipality provided for in Paragraph I of this Section lies within one or more other counties, the General Assembly shall provide for the holding of a referendum whereby there shall be submitted to the electors residing within that portion of each such municipality lying outside the boundaries of the county having a population in excess of 600,000, according to the latest United States decennial census, the question

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of whether the boundaries of the affected counties shall be adjusted so that those portions of such municipalities shall become a part of the political subdivision resulting from the merger and consolidation provided for in Paragraph I of this Section. In the event a majority of those voting shall elect to become a part of such successor political subdivision, effective at the time provided for in Paragraph I of this Section, the boundaries of the affected counties shall be adjusted so that that county having a population in excess of 600,000 shall include that portion of the municipality which formerly lay in one or more of the other affected counties."

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 provide the procedures whereby in all counties having a population in excess of 600,000, there shall be but one governing
) authority to assume, administer and discharge the obli-
gations, duties, rights, responsibilities, functions and affairs of each such county and the municipality com-
prising the county site of each such county?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Holloway of the 12th moved that SR 225 be postponed indefinitely.

Senator Garrard of the 37th moved to adjourn.

The President stated the motion to adjourn takes precedence.

On the motion to adjourn, 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 26th Chapman Eldridge Fincher of 51st

Fincher of 54th Garrard Hill Holley

Hudgins Jackson London McGill

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251

Miller
Noble Patton Plunkett

Reeder
Reynolds Smith of 34th Spinks

Trippe
Tysinger Vann

Those voting in the affirmative were Senators:

Abney Adams of 5th
Andrews Bateman Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Gillis

Hardy Hensley
Holloway Johnson Kennedy Kidd Padgett Pennington Riley Rowan Scott Searcey

Smalley Smith of 18th
Starr Stephens Walling Ward Webb Young Zipperer

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

On the motion to adjourn, the ayes were 23, nays 33, and the motion was lost.

Senator Searcey of the 2nd moved that SR 225 be tabled.

The President stated the motion to table takes precedence over the motion to postpone indefinitely.

On the motion to table, Senator Holloway of the 12th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 5th Adams of 26th Brown of 47th
Chapman Eldridge
Pincher of 51st Fincher of 54th Garrard Gillis Hardy
Hill Holley

Holloway Hudgins Jackson
Kennedy Kidd
London McGill Miller Noble Patton
Plunkett Reynolds

Scott Searcey Smith of 34th
Trippe Tysinger
Vann Walling Webb Young Zipperer

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Those voting in the negative were Senators:

Abney Andrews Bateman Broun of 46th Carter Coggin Cox Dean

Doss Hensley Johnson Padgett Pennington Reeder Riley Rowan

Smalley Smith of 18th Spinks Starr Stephens Ward

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

On the motion to table, the ayes were 34, nays 22; the motion prevailed, and SR 225 was tabled.

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 610. By Mr. Jones of the 59th:
A bill to amend Code Chapter 93-4, 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 for the safe installation and operation of all natural gas transmission and distribution facilities within 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 32, nays 0.

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

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. tomorrow.

THURSDAY, JANUARY 29, 1970

253

Senate Chamber, Atlanta, Georgia Thursday, January 29,1970

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President Pro Tempore.

Senator Young of the 13th 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 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.

Senator Rowan of the 8th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Dr. J. J. Sneed, pastor, Ousley Methodist Church, Decatur, Georgia.

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 1047. By Mr. McClatchey of the 113th:
A bill to regulate take-over bids for the purchase of stock of insurance companies; to prescribe penalties; and for other purposes.

HB 1061. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to include provisions relative to delinquent payments; and for other purposes.

HB 1084. By Messrs. Parker, Land and Nessmith of the 44th, Wheeler of the 57th, Brantley of the 52nd and others:
A bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services to its members; and for other purposes.

HB 1134. By Mr. Egan of the 116th:
A bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to authorize the State Board of Education to open up its student honors program to pupils of private high schools of this State; and for other purposes.

HB 1161. By Mr. Jones of the 59th:
A bill to amend an Act placing the district attorneys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, so as to provide that any district attorney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.

HB 1165. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act creating and incorporating Peachtree City in Fayette County, so as to delete certain provisions relating to the police court of Peachtree City; and for other purposes.

HB 1184. By Messrs. Melton and Brown of the 32nd:
A bill to reincorporate the City of Fayetteville; to create a new charter for said city; to repeal specific laws; and for other purposes.

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255

SB 291. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A bill regulating the sale of flue-cured leaf tobacco in this State, so as to redefine the regular selling season; to remove the provisions establishing a minimum number of selling days; and for other purposes.

HB 228. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Punk of the 92nd, Moore of the 6th, Roach of the 10th, Sims of the 106th and Sweat of the 65th and others:
A bill to amend Code Title 91, relating to public property, so as to provide for the inventorying of real property owned by the State and certain public corporations; to provide for all matters connected with the foregoing; and for other purposes.

HB 1042. By Mr. Levitas of the 77th:
A bill to amend Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; and for other purposes.

SB 310. By Senators Chapman of the 32nd and Kidd of the 25th:
A bill relating to a health insurance plan for State Employees; to repeal conflicting laws; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following resolution of the Senate, to-wit:

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.

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

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SB 411. By Senator Rowan of the 8th:
A bill to amend an Act placing the sheriff of Berrien 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 412. By Senator Kidd of the 25th:
A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to authorize and grant the said Board certain powers to deal with properties and assets, to borrow money and to secure the same by mortgage or deed to secure debt, or by other methods of encumbrance; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 413. By Senator Kidd of the 25th:
A bill to provide lesser penalties for possession of small quantities of marijuana; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-24, relating to the rights of certain State employees, so as to provide benefits for certain State employees contracting infectious hepatitis in specified instances; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 79A-301, relating to the appointment, duties and authority of the Chief Drug Inspector, so as to provide that the office of the Chief Drug Inspector shall be known also as the "State Drug Department"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 416. By Senator Kidd of the 25th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to create the Georgia Drug Council, and to provide that the 5 members of the Georgia State Board of Pharmacy shall also be ex-officio members of the Georgia Drug Council; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

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257

SB 417. By Senator Kidd of the 25th:
A bill to authorize certain prosecuting officials to grant immunity from prosecution to any person charged with violation of any provision contained in Code Chapter 79A-8 or 79A-9, in exchange for information from said person which leads to the apprehension and prosecution of any person who has violated any provision of either Code Chapters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 418. By Senator Kidd of the 25th:
A bill to amend Code Title 79-A, relating to pharmacists, pharmacy, and drugs, as amended, so as to delete all references to marijuana from Chapter 79A-8, known as the Uniform Narcotic Drug Act, and to provide that marijuana, or any substance containing any marijuana, or tetrahydrocannibinol or any salt, derivative, compound or manufacture thereof, shall be included within the definition of "depressant or stimulant drug" in Code Chapter 79A-903; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 419. By Senator Kidd of the 25th:
A bill to amend an Act authorizing insurance coverage of all of the employees of the State of Georgia, except employees of the State Highway Department, for the receipts of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia, so as to remove the provisions requiring the operating expenses of the office of the Supervisor of Purchases in connection with the Workmen's Compensation Program; to repeal conflicting laws; and for other purposes. K: Referred to Committee on Industry and Labor.

SB 420. By Senator Kidd of the 25th:
A bill to amend Code Section 114-101, relating to the definition of "employer" and "employee", as amended, so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SB 421. By Senators Walling of the 42nd, Zipperer of the 3rd and Plunkett of the 30th:
A bill to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to place the conduct of primaries under the supervision

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of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necesary procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 422. By Senators Smith of the 18th and Plunkett of the 30th:
A bill to provide an alternative method cumulative to existing methods for extending municipal boundaries of municipalities having a population ol 5,000 or more persons; to provide the procedure to be followed when such method is used; to authorize expenditures by municipalities for purposes of this Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 423. By Senators Smith of the 18th and Plunkett of the 30th:
A bill to provide an alternative method, cumulative to existing methods, for extending municipal boundaries of municipalities having a population of less than 5,000 persons; to provide for public hearings; to provide for appeals; to authorize expenditures by municipalities; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 424. By Senators Broun of the 46th, Pennington of the 45th and Plunkett of the 30th:
A bill to provide that it shall be unlawful for the chief official or chief officials of any agency of the State government to send, or cause to be sent, any publication of such agency, by mail or otherwise, to any persons unless such person has requested that such publication be sent to him; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 425. By Senators Tysinger of the 41st, Reeder of the 65th, Walling of the 42nd and others:
A bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to change the academic year payment by the Board of Regents to certain local operating authorities; to repeal conflictinglaws ; and for other purposes.
Referred to Committee on Appropriations.

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259

The following bills of the House were read the first time and referred to committees:

HB 228. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.
Referred to Committee on Judiciary.

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Funk of the 92nd, Moore of the 6th, Roach of the 10th, Sims of the 106th and others:
A bill to amend Code Title 91, relating to public property, so as to provide for the inventorying of real property owned by the State and certain public corporations; to provide for all matters connected with the foregoing; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1042. By Mr. Levitas of the 77th:
A bill to amend Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; and for other purposes.
Referred to Committee on Judiciary.

HB 1047. By Mr. McClatchey of the 113th:
A bill to regulate take-over bids for the purchase of stock of insurance companies; to prescribe penalties; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1061. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to include provisions relative to delinquent payments; and for other purposes.
Referred to Committee on Retirement.

HB 1084. By Messrs. Parker, Lane and Nessmith of the 44th, Wheeler of the 57th, Brantley of the 52nd and others:
A bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engag-

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ing in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services to its members"; and for other purposes.
Referred to Committee on Public Utilities and transportation.

HB 1134. By Mr. Egan of the 116th:
A bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to authorize the State Board of Education to open up its student honors program to pupils of private high schools of this State; and for other purposes.
Referred to Committee on Educational Matters.

HB 1161. By Mr. Jones of the 59th:
A bill to amend an Act placing the district attorneys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, so as to provide that any district attorney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1165. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act creating and incorporating Peachtree City in Fayette County, so as to delete certain provisions relating to the police court of Peachtree City; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1184. By Messrs. Melton and Brown of the 32nd:
A bill to reineorporate the City of Fayetteville; to create a new charter for said city; to repeal specific laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:
SB 401. By Senator Abney of the 53rd: A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; to repeal conflicting laws; and for other purposes.

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261

SB 402. By Senator Abney of the 53rd:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relating to the compensation of said Commissioner; to repeal conflicting laws; and for other purposes.

SB 403. By Senators Vann of the 10th and Plunkett of the 30th:
A bill to amend Code Section 38-415, relating to the right of a defendant in a criminal case to testify or make a statement in his own behalf, so as to provide that the defendant shall be competent, but not compellable to testify _in his own behalf; to repeal conflicting laws; and for other purposes.

SB 404. 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 legally constituted fiscal or financial agents of the county 100% of the cost of all welfare benefits to patients in a nursing home within the county which is within the confines or under the jurisdiction of any State institution or State Department; and for other purposes.

SB 405. By Senators Chapman of the 32nd and Reeder of the 55th:
A bill to amend an Act, relating to the destruction of records of the various state departments, so as to provide that the State Department of Public Health may in its discretion destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; to repeal conflicting laws; and for other purposes.

SB 406. By Senator Fincher of the 54th, Garrard of the 37th, Reeder of the 55th and others:
A bill to prohibit any person from operating a vehicle on the public roadways and highways of this State which discharges into the atmosphere visible emission obscuring transmission of light beyond 30%, whether such emissions are from the crankcase, the exhaust system, or from any part of the power system; to provide for an effective date; to repeal conflicting laws; and for other purposes.

SB 407. By Senator Gillis of the 20th:
A bill to provide minimum salaries for the county sheriffs of the State of Georgia, to be paid from county funds; to provide for periodic increases, retroactivity, and that no sheriff's salary shall be reduced because of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

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SB 408. By Senators Gillis of the 20th, Holloway of the 12th, Abney of the 53rd and others:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937", as amended, so as to provide that the State Department of Family and Children Services shall be under the control and supervision of the State Board of Family and Children Services; to repeal conflicting laws; and for other purposes.

SB 409. By Senators Plunkett of the 30th and Coggin of the 35th:
A bill to authorize the exercise of authority by any department or agency of State or local government; to specify what items must be present in any such agreement; to provide that any such agreement shall be submitted to the State Planning and Community Affairs Officer; to repeal conflicting laws; and for other purposes.

SB 410. By Senator Adams of the 5th:
A bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to delete the requirement that the driver of a vehicle approaching a railroad grade crossing stop his vehicle within not more than 50 feet but not less than 15 feet from the nearest rail; to repeal conflicting laws; and for other purposes.
SR 241. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to combine the County of Monroe with the County of Bibb, and to provide that the resulting County shall be called Bibb County; to provide for submission of this amendment for ratification or rejection; and for other purposes.

SR 242. By Senator Broun of the 46th:
A resolution authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to the City of Athens; and for other purposes.

HB 869. By Messrs. Adams of the 100th, Lane of the 101st, Brantley of the 114th, Ross of the 26th, DeLong of the 80th and others:
A bill to amend Code Section 92-3107 relating to the definition of "gross income", so as to provide that "gross income" shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement Law; and for other purposes.

HB 1067. By Mr. Jordan of the 55th:
A bill to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the

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263

defendant's sentence, and to be considered by parole authorities; and for other purposes.

HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit systems; to define urban transit systems under the terms hereof; and for other purposes.

HB 1193. By Mr. Joiner of the 35th:
A bill to amend an Act creating the office of tax commissioner of Washington County; so as to change the compensation of the deputy tax commissioner; and for other purposes.

HB 1213. By Mr. Collier of the 54th: A bill to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; and for other purposes.
HB 1214. By Mr. Collier of the 54th: A bill to provide an annual salary for the sheriff of Terrell County; and for other purposes.
HB 1215. By Mr. Collier of the 54th: A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary, so as to change the method for determining the compensation of the Deputy Clerk of the Superior Court of Lee County; and for other purposes.
HB 1229. By Mr. Brooks of the 17th: A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; and for other purposes.
HB 1230. By Mr. Ballard of the 23rd: A bill to amend an Act placing the Ordinary of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide

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that the budget covering the cost of operating the office of Ordinary shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1231. By Mr. Ballard of the 23rd:
A bill to place the Coroner of Newton County on an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 1232. By Mr. Ballard of the 23rd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County, so as to provide that the budget covering the cost of operating the office of tax commissioner shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1233. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary in lieu of the fee system, so as to provide that the budget covering the cost of operating the office of the Clerk of the Superior Court of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1234. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of the sheriff of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

HB 1236. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the provisions relating to the salary and compensation and expenses of the Sheriff of Calhoun County; and for other purposes.

HR 259. By Messrs. Mason and Nash of the 13th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett County; and for other purposes.

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265

HR 276. By Messrs. Gunter and Moore of the 6th:
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.

HR 545. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th, Phillips of the 50th, Ellis of the 91st and others:
A resolution to ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; and for other purposes.

HR 583. By Mr. Grahl of the 40th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority; and for other purposes.

HR 584. By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A resolution proposing an amendment to Article VII, Section VII, Paragraph I of the Constitution so as to authorize Coweta County to incur an additional indebetedness for water and sewerage purposes; and for other purposes.

HR 587. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th, Russell of the 70th, Ployd of the 7th and others:
A resolution proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; and for other purposes.

HR 603. By Messrs. Mason and Nash of the 13th:
A resolution proposing an amendment to the Constitution of the State of Georgia, so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County to enact ordinances for the policing and governing of said county and enforcement of all duties and powers now or hereafter vested in said Board and to provide penalties for violation of such ordinances; and for other purposes.

The following reports of standing committees were read by the Secretary:

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Senator Hensley of the 33rd, Chairman of the Committee on Highways, submitted the following report:

Mr. President:

Your Committee on Highways 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 385. Do pass. SB 336. Do pass by substitute. SB 278. Do pass by substitute. SR 234. Do pass.

Respectfully submitted, Hensley of 33rd District, Chairman.

Senator Rowan of the 8th, 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 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 397. Do pass.

Respectfully submitted, Rowan of 8th District,

Chairman.

Senator Smalley of the 28th, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

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

SB 327. Do pass.

Respectfully submitted, Smalley of 28th District, Chairman.

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267

Senator Padgett of the 23rd, 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 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 362. Do pass.

SB 363. Do pass.

SB 365. Do pass as amended.

SB 374. Do pass.

Respectfully submitted,

Padgett of 23rd District,

Chairman.

Senator Webb of the llth, Chairman of the Committee on Retirement, submitted the following report:

Mr. President:

Your Committee on Retirement 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 6. Do not pass.

SB 40. Do not pass.

SB 45. Do not pass.

SB 56. Do not pass.

SB 58. Do not pass.

SB 71. Do not pass.

SB 289. Do not pass.

SB 317. Do pass.

SB 330. Do pass.

SR 22. Do not pass.

SR 209. Do pass.

SR 226. Do not pass.

HB 171. Do not pass.

Respectfully submitted,

Webb of llth District,

Chairman.

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

HB 1072. By Mr. Mauldin of the 12th:
A bill to change the terms of the Superior Court of Franklin County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1105. By Messrs. Pickard, Jones and Buck of the 84th and others: A bill to amend an Act entitled "An Act to provide for a permanent pension fund for present and future employees" so as to provide for the County to contribute to any political entity the County's contribution to said pension fund of any employee; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1112. By Mr. Brooks of the 17th: A bill to change the terms of the Superior Court of Madison County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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269

HB 1113. By Mr. Wheeler of the 18th:
A bill to abolish the office of Treasurer of Elbert County; to provide that the Board of Commissioners of Elbert County shall appoint depositories for county funds; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1153. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th:
A bill to amend an Act creating a new charter for the City of West Point, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1159. By Messrs. Matthews, Bostick and Pallin of the 63rd:
A bill to amend an Act providing a charter for the City of Adel, so as to create the office of city manager; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

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HB 1163. By Messrs. Mullinax, Potts, Ware and Blalock of the 30th:
A bill to amend an Act creating a new charter for the City of LaGrange, 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 40, nays 0.

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

HB 1164. By Mr. Smith of the 43rd:
A bill to abolish the present mode of compensating the Ordinary of Emanuel 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 40, nays 0.

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

HB 1179. By Messrs. Jones, Buck and Pickard of the 84th and others:
A bill to amend an Act abolishing justice courts and office of the justice of the peace and notary public ex officio justice of the peace and to establish and create in lieu thereof a municipal court in and for the City of Columbus, so as to remove the provisions relating to the compensation and automobile maintenance allowances of the deputy marshals of the municipal court of Columbus; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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271

HB 1181. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens County, so as to provide for 4-year terms of office for 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 40, nays 0.

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

The President assumed the Chair.

The President announced as the doctor of the day, Dr. George A. Holloway.

The following local resolutions of the House, favorably reported by the committee, were read the third time, and put upon their passage:

HR 517. By Messrs. Melton and Brown of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution, so as to provide that at the expiration of the present term of office of the Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VI, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The Board of Education of Fayette County shall, effective January 1, 1973, elect the County School Superintendent of Fayette County and no election for County School Superintendent shall be held in 1972. The present Superintendent shall continue in office through December 31, 1972. The Superintendent shall serve at the pleasure of the Board of Education, and shall be subject to all other provisions of the Constitution and laws not in conflict herewith."

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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 provide that at the expiration of the present term of office of the
) Fayette County School Superintendent, the Board of Education of Fayette County shall appoint the Fayette County School Superintendent?"

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 Adams of 5th Adams of 26th Andrews 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 Patton Padgett Pennington Plunkett Reeder

Reynolds Riley Rowan Scott Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger 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 52, nays 0.

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273

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

HR 518. By Messrs. Melton and Brown of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into education districts for the purpose of electing members of the Board of Education of Fayette County; to provide that all of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by striking therefrom the following:
"The Board of Education of Fayette County shall consist of five (5) members to be elected by the voters of Fayette County. For the purpose of electing such members, Fayette County shall be divided into five education districts, as follows:
Education District No. 1 shall be composed of Militia District No. G.M.D. 496 (Fayetteville); Education District No. 2 shall be composed of Militia District No. G.M.D. 538 (Woolsey); Education District No. 3 shall be composed of Militia District No. G.M.D. 1293 (Brooks) and Militia District No. G.M.D. 495 (Starrs Mill); Education District No. 4 shall be composed of Militia District No. G.M.D. 624 (Shake Rag) and Militia District No. G.M.D. 549 (Rear Over); Education District No. 5 shall be composed of Militia District No. G.M.D. 1248 (Hopeful) and Militia District No. G.M.D. 709 (Black Rock) and Militia District No. G.M.D. 1262 (Europe).
"One member shall be elected from each Education District. No person shall be eligible to serve as a member of the Fayette County Board of Education from Education District, unless he shall reside in such district. He shall be elected by the voters of the Education District of which he represents. In order to be eligible to hold office as a member of said board, a person must be of good moral character, favorable to the common school system, have at least a fair knowledge of the elementary branch of an English education, and must be qualified to vote for members of the General Assembly.
"Not later than ten days after the ratification of this amendment it shall be the duty of the Ordinary of Fayette County to issue the call for an election for the purpose of electing the members of the Board of Education of Fayette County. The day of such election

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shall be set for a day not less than fifteen (15) nor more than twenty (20) days from the date of issuance of the call thereof. It shall be the duty of the Ordinary to publish the date of the election, the purpose thereof, and a brief description of the procedure connected therewith, once a week for two weeks immediately preceding the date thereof in the official organ of Payette County. The members elected from Education Districts Nos. 1 and 2 shall serve for a term of one year; the members elected from Education District Nos. 3 and 4 shall serve for a term of two years; the members elected from Education District No. 5 shall serve for a term of four years. All members elected at such election shall take office January 1,
1963, and their term of office shall expire on December 31st of the last year of such term. The successors to such members shall be elected for a term of four years and shall be elected for a term of four years and shall be elected at the same time County Officers of Fayette County are elected.

"The Board of Education of Fayette County in effect at the time of the ratification of this amendment shall be abolished effective December 31, 1962, and the term of office of the members of such Board shall expire on such date. In case of a vacancy on said Board by death, resignation, or from any cause other than expiration of a term of office, the remaining members of the Board shall elect a successor who shall serve the unexpired term."

and substituting in lieu thereof the following:

"The Board of Education of Fayette County shall be composed of five members to be elected as hereinafter provided. Within six months after the results of each United States decennial census shall become available, the Board of Education of Fayette County shall divide Fayette County into five education districts. The Board, in providing for such districts, shall provide that each district shall contain, as nearly as possible, equal population. Positions on the Board shall be numbered 1 through 5, respectively. There shall be elected to the Board one member from each education district. In order to be eligible to be elected to the Board, a candidate must reside within the education district which corresponds by number to the position on the Board for which he offers for election. All of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board. The first election for members of the Board, under the provisions of this paragraph, shall be conducted in the general election of 1972. Candidates elected to the Board shall take office on the first day of January following their election. Candidates elected in said election from Districts 1, 2 and 3 shall serve for a term of office of four years and until their successors are duly elected and qualified. Candidates elected in said election from Districts 4 and 5 shall serve for a term of office of two years and until their successors are duly elected and qualified. Thereafter, successors to the members of the Board of Education shall be elected in the general election conducted in that year in which the respective term of office shall expire, shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Those

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members of the Board of Education of Fayette County serving at the time of the adoption of this paragraph shall continue to serve as members of the Board and shall continue to administer the affairs of the Fayette County school system until their successors shall be elected and qualified as herein provided. In the event a vacancy shall occur on the Board, the remaining members of the Board shall appoint a qualified resident of the education district in which the vacancy shall occur to serve out the unexpired term of office."

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 provide the procedures whereby the Board of Education of Fayette County shall district Fayette County into education districts for the purpose of electing members of the Board
) of Education of Fayette County, and to provide that all of the electors of the Fayette County school district shall be eligible to cast their ballots for the candidates of their choice for election to the Board?"

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 Adams of 5th Adams of 26th Andrews 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

276
London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder

JOURNAL OF THE SENATE,

Reynolds
Riley Rowan Scott
Smalley Smith of 18th Smith of 34th Starr Stephens

Trippe
Tysinger 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 52, nays 0.

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

HR 523. By Messrs. Hudson and Dorminy of the 48th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly of Georgia shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Fitzgerald and the existing school district in the County of Ben Hill lying outside the corporate limits of said city, into one school district co-extensive with the limits of Ben Hill County, Georgia; to provide that the Superintendent of Education for the resulting school district shall be appointed by the new Ben Hill County Board of Education; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to read:
"The General Assembly of Georgia is hereby authorized to pass a special Act or Acts to merge the existing independent school system of the City of Fitzgerald and the existing school district in the County of Ben Hill outside the corporate limits of said city, so that the entire Ben Hill County shall constitute one school district or system, the independent school system in the City of Fitzgerald and the existing school district in Ben Hill County outside said corporate limits of said city being thereby abolished.
"The General Assembly may provide for a new political entity, the affairs of which are to be managed by a board of education, to

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277

bear the name Ben Hill County Board of Education, hereinafter referred to as the board.

"The administration of said school system shall be vested in a board to be known as the Ben Hill County Board of Education. The board shall consist of seven (7) members, men or women, or some of both, who at the time of their election shall be at least twentyfive (25) years of age and shall have been a bona fide resident of Ben Hill County for at least four (4) years. Members of the board shall be persons of good moral character, who shall have a good knowledge of the elementary branches of our English education and be favorable to the common school system. Three (3) members of said board shall be elected from the corporate limits of the City of Fitzgerald. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying North of State Highway Number 107 and West of U. S. Highway Number 129. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying North of State Highway Number 107 and State Highway Number 206 from its intersection with State Highway Number 107, and East of U. S. Highway Number 129. One (1) member of said board shall be elected from outside the corporate limits of the City of Fitzgerald and said member shall reside in the territory lying South of State Highway Number 107 and State Highway Number 206. One (1) member of said board shall be elected at large from the entire County of Ben Hill, including the City of Fitzgerald.

"The General Assembly of Georgia may provide the time and method of holding elections for board members. The election of all seven of said board members shall be by a vote of the qualified voters of the entire County of Ben Hill (including the qualified voters who live within the corporate limits of the City of Fitz-
gerald) .

"The first board of education for said system shall be composed of a seven-man board appointed from the membership of the two existing boards, as follows:

1. The Board of Commissioners for Ben Hill County and the Mayor and Council of the City of Fitzgerald meeting jointly shall appoint the member at large and said member may be from either board of education.

2. The Board of Commissioners for Ben Hill County shall appoint three members from the existing board of education of Ben Hill County.

3. The Mayor and Council of the City of Fitzgerald shall appoint three members from the existing board of education for the City of Fitzgerald.

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4. Two of the members named from the board of education of the City of Fitzgerald shall be appointed for a term of one year, and one member shall be appointed for a term of three years.

5. Two of the members named from the board of education of Ben Hill County shall be appointed for a term of one year, and one member shall be appointed for a term of three years.

6. The member at large shall be appointed for a term of three years, and thereafter the term of all members shall be four years, and all members of the board shall hold office until their successors are elected and qualified. In case of a vacancy on said board by death, resignation or from any other cause other than the expiration of such member's term of office, the remaining members of said board shall, by secret ballot, elect his successor for the unexpired term.

"That the said board shall elect officers annually. These officers shall include a chairman, a vice-chairman, a secretary, and a treasurer. The offices of secretary and treasurer may be performed respectively by one and the same person, and may be a person or persons other than a member of said board.

"Each and every member of said board shall at all times have rights and privileges of voting in meetings, but the presiding officer shall not vote unless there is a tie vote, in which case he shall cast the deciding ballot.

"The board members shall have such qualifications and shall be paid such compensation as may be fixed by law. The said board is hereby authorized and empowered to operate, conduct and control said system of public schools and its fiscal affairs, including the right and authority to create indebtedness as may be authorized by the General Assembly, not in conflict with this Constitution; to contract and be contracted with; to appoint and employ teachers to fix their salaries; and to do all and every act or acts as may be necessary for the proper maintenance and operation of a comprehensive school system throughout the limits of Ben Hill County.

"From and after the ratification of this amendment, the voters of Ben Hill County shall no longer elect the Ben Hill County School Superintendent. The General Assembly shall have authority to abolish without a referendum, the term of the present County School Superintendent of Ben Hill County. The board shall elect or employ a superintendent of education and fix his salary. He shall have such qualifications as may be fixed by law, and shall have training in school administration. That the present County School Superintendent shall continue to hold some administrative position in the school system, and shall receive the same remuneration as is now paid him, until the expiration of his term of office, and the Superintendent of the city school system shall be continued in an administrative capacity and shall be paid the same remuneration as is presently paid him, until the expiration of his contract.

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279

"Notwithstanding any other provision of this Constitution, the fiscal authorities of Ben Hill County shall levy a tax for the support and maintenance of said school system of not greater than the amount allowed by the laws of Georgia, the amount to be recommended by the board, and shall be uniform through the county of all taxable property in the county.

"Notwithstanding any other provision of this Constitution or any provisions of law, the commission of fees of the Tax Collector of Ben Hill County for collection of moneys for school purposes shall not exceed the following rates: Two and one-half percent (2%%) on the first $100,000.00 collected; one percent (1%) on the second $100,000.00 collected; and one-half of one percent (%%) on all amounts collected above.

"The above schedule of rates shall apply to all collections of moneys for school purposes, including that collected for operation, maintenance, bond retirement, interest payments, and for any other school purpose by whatever name called. Should the Tax Collector of Ben Hill County be changed from a fee to a salary, this provision shall become inoperative.

"The General Assembly may authorize the City of Fitzgerald and the County of Ben Hill to appropriate money from their general funds to the board of education herein created, for educational purposes.

"The specifications of certain powers herein is not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly pursuant hereto are to be liberally construed so as to effectuate the general purposes of establishing and maintaining a comprehensive system of public education throughout the limits of Ben Hill County.

"That the officials in charge of the affairs of the City of Fitzgerald and of the County of Ben Hill shall, in joint meeting, decide what properties belonging to each school system shall be necessary for the purposes of carrying on the combined school system, and after deciding which properties are necessary, each body shall deed to the new board the properties so designated.
"The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding other provisions of this Constitution, or any general or special laws of the State.
"The General Assembly may from time to time enact special Acts amending the Act or Acts enacted pursuant hereto."
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.

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

"YES ( NO (

) Shall the Constitution be amended so as to authorize
the General Assembly to pass a special Act or Acts to merge the existing school system of the City of Fitzgerald and the existing school district in the County ) of Ben Hill lying outside the corporate limits of said city, into one school district or system co-extensive with the limits of said county, and to provide that the Superintendent of Education for the resulting school district shall be appointed by the new Ben Hill County Board of Education?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 Adams of 5th Adams of 26th Andrews 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 Fatten Pennington Plunkett Reeder

Reynolds Riley Rowan Scott Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger
Walling Ward Webb Young Zipperer

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

THURSDAY, JANUARY 29, 1970

281

On the adoption of the resolution, the ayes were 52, nays 0.

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

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

SB 369. By Senator Kennedy of the 4th:
A bill to provide that persons eighteen years of age or over may donate their blood; to provide for requirements and other 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 29, nays 0.

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

SB 319. By Senator Smalley of the 28th:
A bill to amend an Act of the General Assembly of Georgia providing for the establishment of common trust funds, as heretofore amended, by authorizing trust institutions having established such a common trust fund to deliver such common trust fund as money securities not readily saleable at the market price to provide for the valuation of such securities ; and for other purposes.

The report 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 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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The report 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 300. By Senator Andrews of the 49th: A bill to amend an Act prohibiting the sale, delivery, and exhibition of certain harmful materials and practices to minors, and providing procedures for enforcement and declaratory judgments; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend SB 300 by striking on page 1, lines 7 and 9, in the caption the phrase "real or" in each place where it appears,
By striking on page 1, line 26, in proposed subsection 4A (a) the phrase "real or",
By striking on page 2, line 1, in proposed subsection 4A (a) the term "and/or" and inserting in lieu thereof the word "or",
By striking on page 2, line 2, in proposed subsection 4A (a) the phrase "All such property, both real and personal," and substituting in lieu thereof the following: "All personal property",
By striking on page 2, line 9, in proposed subsection 4A (a) the phrase "All property, both real and personal", and substituting in lieu thereof the following: "All personal property",
By striking on page 2, line 10, in proposed subsection 4A (a) the word "buildings,",
By inserting on page 2, line 16, in proposed subsection 4A (a) after the phrase "described in Section 2 and 3 hereof, shall" and before the phrase "be seized and condemned" a comma and the following phrase:
"but only after complying with Section 4 hereof,",
By striking on page 3, line 3, in proposed subsection 4A (a) the phrase "real or",
By striking on page 3, line 23, the comma after the word "property", and by striking on page 3, line 24, the words "either real or personal,".

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283

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.

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.
The Committee on Judiciary offered the following amendment:
Amend HB 50 by inserting in proposed Section 1 after the phrase "public or private driveways" and before the phrase "or parking lots" the following phrase:
"airport runways",
By striking in Section 1 the phrase "unless the same shall be necessary", and substituting in lieu thereof the following:
"except",
By striking in Section 1 the word "accidental".

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, the ayes were 39, nays 0.

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

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.

The Committee on Judiciary offered the following amendment:
Amend HB 139 by inserting in the caption after the phrase "execution upon a" and before the word "judgment" the following word:
"default",
By inserting the word "default" before the word "judgment" such that when amended Section (a) reads as follows:
"(a) Execution upon a default judgment and proceedings thereon may be taken for its enforcement as soon as it is entered.".

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

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

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

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

SB 309. By Senators Miller of the 43rd, Fincher of the 54th, Hudgins of the 15th and others:
A bill to provide that the State Board of Health include certain requests for financing a program of alcoholic and drug addiction rehabilitation; to create a State Advisory Board on Alcoholic and Drug Addiction

THURSDAY, JANUARY 29, 1970

285

Rehabilitation; to provide for the composition of the Board; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

Senator Eldridge of the 7th moved that SB 309 be recommitted to the Committee on Temperance.

On the motion to recommit, the ayes were 30, nays 7; the motion prevailed, and SB 309 was recommitted to the Committee on Temperance.

Senator Smalley of the 28th moved that the following bill of the Senate be withdrawn from the Committee on Judiciary and recommitted to the Committee
on Retirement:

SB 352. By Senator Cox of the 21st:
A bill to amend an Act providing for the creation of the office of Superior Court Reporter Emeritus, so as to change the requirements for becoming eligible to appointment as court reporter emeritus; to repeal conflicting laws; and for other purposes.

On the motion to recommit, the ayes were 32, nays 0; the motion prevailed, and SB 352 was recommitted to the Committee on Retirement.
The following bill of the House, favorably reported by the committee, and having been read the third time on January 23 and postponed, was put upon its passage:
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 consequence thereof, so as to provide for reasonable attorneys' fees for delay in answering interrogatories 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, 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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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams of 26th Broun of 46th Carter Chapman
Coggin Eldridge Garrard Hardy
Hensley Holley

Holloway Jackson Kennedy Kidd
McGill Padgett Plunkett Reeder
Riley Rowan

Scott Smalley Smith of 18th Smith of 34th
Starr Stephens Trippe Walling
Ward Webb

Those voting in the negative were Senators:

Abney Andrews Dean Doss

Fincher of 51st Gillis Miller Noble

Patton Reynolds Tysinger

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

On the passage of the bill, the ayes were 30, nays 11.

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

Senator Starr of the 44th moved that the following bill of the Senate be recommitted to the Committee on Banking and Finance:

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, as amended, so as to provide a certain exemption from State income tax; to repeal conflicting laws; and for other purposes.

On the motion to recommit, the ayes were 33, nays 0; the motion prevailed, and SB 290 was recommitted to the Committee on Banking and Finance.

The following general bill of the Senate, favorably reported by the committee, and having been reconsidered on March 11, 1969, and recommitted on January 12, 1970, was put upon its passage:

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

THURSDAY, JANUARY 29, 1970

287

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 Noble of the 19th offered the following amendment:
Amend SB 82 by inserting a new Section 2 to read as follows:
"Provided that the State Board of Health shall not require the fluoridation in any incorporated community of 5,000 or more until a majority of the registered voters of that community have approved the order of the State Board of Health in a referendum called by the Mayor and Council for this purpose."

On the adoption of the amendment, the ayes were 22, nays 14, and the amendment was adopted.

Senator Andrews of the 49th moved that SB 82 be recommitted.

Senator Adams of the 26th moved that SB 82 be postponed indefinitely.

Senator Andrews of the 49th moved the previous question.

Senator Rowan of the 8th moved that SB 82 be tabled.

The President stated that the motion to table takes precedence.

On the motion to table, the ayes were 37, nays 5; the motion prevailed, and SB 82 was tabled.

The following resolution of the Senate was taken up for the purpose of considering a House amendment thereto:

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 Pulton 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.

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JOURNAL OF THE SENATE,

The House amendment was as follows:

Amend SR 73 by striking the period and quotation mark at the end of Section One and adding:

"; provided that no less than two-thirds of the proceeds from such tax shall be expended on roads, bridges and other facilities in the corporate limits of the City of Atlanta."

Senator Stephens of the 36th moved that the Senate agree to the House amendment to SR 73.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the House amendment to SR 73 was agreed to.

Senator Rowan of the 8th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.

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289

Senate Chamber, Atlanta, Georgia, Friday, January 30, 1970.

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th 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 Patton of the 40th asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of 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 Andrews of the 49th asked unanimous consent that the call of the roll 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 passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:

HB 1002. By Messrs. Davis of the 86th and Colwell of the 5th:
A bill to amend Code Sections 92-1403 and 92-1407 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide certain.

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exemptions for motor fuel of a type other than gasoline used for nonhighway purposes; and for other purposes.

HB 1092. By Messrs. Snow of the 1st, Thomason of the 77th, Harris of the 67th, Kreeger of the 117th, Crowe of the 1st, Peters of the 2nd and others:
A bill to amend Code Section 29-101, relating to requisites of a deed to lands, so as to change the number and qualifications of witnesses needed for the attestation of a deed; and for other purposes.

HB 1124. By Mr. Dickinson of the 118th:
A bill to impose a tax on mobile homes in all counties with population of not less than 16,700 nor more than 16,800; and for other purposes.

HB 1169. By Mr. Dixon of the 65th:
A bill to amend Code Chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspection of honey bee colonies; and for other purposes.

HR 544. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A resolution proposing an amendment to the Constitution so as to provide that personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home shall be exempt from all ad valorem taxation; 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 authorize the General Assembly to provide by law for grants or scholarships to citizens of Georgia who are students attending college or universities which are not branches of the University System 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 298. By Senators Coggin of the 35th and Plunkett of the 30th:
A bill to implement the provision of the Federal Intergovernmental Cooperation Act of 1968; and for other purposes.

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291

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 1019. By Messrs. Evans and Scarborough of the 81st, Rowland and Douglas of the 42nd and Cato of the 68th:
A bill to repeal Code Section 114-403, relating to the right of subrogation; and for other purposes.

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

SB 426. By Senators Trippe of the 31st and Broun of the 46th:
A bill to repeal an Act creating the Georgia Real Estate Investment Board; so as to abolish the Georgia Real Estate Investment Board and the Advisory Board; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 427. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st and others:
A bill to amend Code Section 87-201, relating to the notice of elections held by counties, municipalities or divisions on the issue of bonds, as amended, so as to change the time for holding such elections in certain counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 428. By Senator Rowan of the 8th: A bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the purpose of compensating his employees; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 429. By Senator Kidd of the 25th: A bill to amend an Act providing minimum requirements for agents of the Bureau of Investigation of the Department of Public Safety, so as to provide that the Director may employ agents who do not meet the

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requirements of said Act, which agents shall be assigned to overt or covert drug abuse investigations; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SB 430. By Senators Reeder of the 55th and Miller of the 43rd:
A bill to provide that any plan adopted by the Georgia Department of Public Health pursuant to the provisions of Title XIX of the Federal Social Security Act, be amended to provide that the provisions for medical assistance contained herein shall include medical assistance rendered by chiropractors; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 431. 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 drivers' licenses, so as to change the time periods and violation point counts which may be incurred for the purpose of suspending licenses; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 432. By Senator McGill of the 24th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, as amended, so as to change the provisions for disposing of contraband wildlife or parts thereof which have been seized under the provisions of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 433. By Senator McGill of the 24th:
A bill to require the display of information relating to maximum capacity on watercraft; to provide certain definitions; to provide that a capacity plate be affixed to certain watercraft by the manufacturer or any other person in accordance with such rules and regulations as the State Game and Fish Commission may prescribe; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 434. By Senator Plunkett of the 30th:
A bill to authorize each municipality in this State to provide by ordinance for the levying of a fee on the parking of motor vehicles in places

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293

charging for such parking; to provide for exemptions; to provide for amounts; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SR 243. By Senator Andrews of the 49th:
A resolution creating the Senate Educational Matters Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 244. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

The following bills and resolution of the House were read the first time and referred to committees:

HB 1002. By Messrs. Davis of the 86th and Colwell of the 5th:
A bill to amend Code Sections 92-1403 and 92-1407 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide certain exemptions for motor fuel of a type other than gasoline used for nonhighway purposes; and for other purposes.
Referred to Committee on Highways.

HB 1092. By Messrs. Snow of the 1st, Thomason of the 77th, Harris of the 67th, Kreeger of the 117th and others:
A bill to amend Code Section 29-101, relating to requisites of a deed to lands, so as to change the number and qualifications of witnesses needed for the attestation of a deed; and for the other purposes.
Referred to Committee on Judiciary.

HB 1124. By Mr. Dickinson of the 118th:
A bill to impose a tax on mobile homes in all counties with populations of not less than 16,700 nor more than 16,800; and for other purposes.
Referred to Committee on County and Urban Affairs.

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HB 1169. By Mr. Dixon of the 65th:
A bill to amend Code Chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspection of honey bee colonies; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HR 544. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A resolution proposing an amendment to the Constitution so as to provide that personal clothing and effects, household furniture, furnishings, equipment and other personal property used within the home shall be exempt from all ad valorem taxation; and for other purposes.
Referred to Committee on Banking and Finance.
HB 1019. By Messrs. Evans and Scarborough of the 81st, Rowland and Douglas of the 42nd and Cato of the 68th:
A bill to repeal Code Section 114-403, relating to the right of subrogation ; and for other purposes.
Referred to Committee on Industry and Labor.

The following bills of the Senate and House were read the second time:

SB 411. By Senator Rowan of the 8th:
A bill to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.

SB 412. By Senator Kidd of the 25th:
A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to authorize and grant the said Board certain powers to deal with properties and assets, to borrow money and to secure the same by mortgage or deed to secure debt, or by other methods of encumbrance; to repeal conflicting laws; and for other purposes.

SB 413. By Senator Kidd of the 25th:
A bill to provide lesser penalties for possession of small quantities of marijuana; to repeal conflicting laws; and for other purposes.

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-24, relating to the rights of certain State employees, so as to provide benefits for certain State employees

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295

contracting infectious hepatitis in specified instances; to repeal conflicting laws; and for other purposes.

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 79A-301, relating to the appointment, duties and authority of the Chief Drug Inspector, so as to provide that the office of the Chief Drug Inspector shall be known also as the "State Drug Department"; to repeal conflicting laws; and for other purposes.

SB 416. By Senator Kidd of the 25th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to create the Georgia Drug Council, and to provide that the 5 members of the Georgia State Board of Pharmacy shall also be ex-officio members of the Georgia Drug Council; to repeal conflicting laws; and for other purposes.

SB 417. By Senator Kidd of the 25th:
A bill to authorize certain prosecuting officials to grant immunity from prosecution to any person charged with violation of any provision contained in Code Chapter 79A-8 or 79A-9, in exchange for information from said person which leads to the apprehension and prosecution of any person who has violated any provision of either Code Chapters; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 418. By Senator Kidd of the 25th:
A bill to amend Code Title 79-A, relating to pharmacists, pharmacy, and drugs, as amended, so as to delete all references to marijuana from Chapter 79A-8, known as the Uniform Narcotic Drug Act, and to provide that marijuana, or any substance containing any marijuana, or tetrahydrocannibinol or any salt, derivative, compound or manufacture thereof, shall be included with the definition of "depressant or stimulant drug" in Code Chapter 79A-903; to repeal conflicting laws; and for other purposes.

SB 419. By Senator Kidd of the 25th:
A bill to amend an Act authorizing insurance coverage of all of the employees of the State of Georgia, except employees of the State Highway Department, for the receipts of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia, so as to remove the provisions requiring the operating expenses of the office of the Supervisor of Purchases in connection with the Workmen's Compensation Program; to repeal conflicting laws; and for other purposes.

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SB 420. By Senator Kidd of the 25th:
A bill to amend Code Section 114-101, relating to the definition of "employer" and "employee", as amended, so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 421. By Senators Walling of the 42nd, Zipperer of the 3rd and Plunkett of the 30th:
A bill to amend Title 34 of the Code of Georgia, relating to elections, as amended, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; to repeal conflicting laws; and for other purposes.

SB 422. By Senators Smith of the 18th and Plunkett of the 30th:
A bill to provide an alternative method cumulative to existing methods for extending municipal boundaries of municipalities having a population of 5,000 or more persons; to provide the procedure to be followed when such method is used; to authorize expenditures by municipalities for purposes of this Act; to repeal conflicting laws; and for other purposes.

SB 423. By Senators Smith of the 18th and Plunkett of the 30th:
A bill to provide an alternative method, cumulative to existing methods, for extending municipal boundaries of municipalities having a population of less than 5,000 persons; to provide for public hearings; to provide for appeals; to authorize expenditures by municipalities; to repeal conflicting laws; and for other purposes.

SB 424. By Senators Broun of the 46th, Pennington of the 45th and Plunkett of the 30th:
A bill to provide that it shall be unlawful for the chief official or chief officials of any agency of the State government to send, or cause to be sent, any publication of such agency, by mail or otherwise, to any persons unless such person has requested that such publication be sent to him; to repeal conflicting laws; and for other purposes.

SB 425. By Senators Tysinger of the 41st, Reeder of the 55th, Walling of the 42nd and others:
A bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to change the academic year payment by the Board of Regents to certain local operating authorities; to repeal conflicting laws; and for other purposes.

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297

HB 228. By Mr. Gignilliat of the 89th and Mr. Battle of the 90th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Funk of the 92nd, Moore of the 6th, Roach of the 10th, Sims of the 106th and others:
A bill to amend Code Title 91, relating to public property, so as to provide for the inventorying of real property owned by the State and certain public corporations, to provide for all matters connected with the foregoing; and for other purposes.

HB 1042. By Mr. Levitas of the 77th:
A bill to amend Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; and for other purposes.

HB 1047. By Mr. McClatchey of the 113th:
A bill to regulate take-over bids for the purchase of stock of insurance companies; to prescribe penalties; and for other purposes.

HB 1061. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to include provisions relative to delinquent payments; and for other purposes.

HB 1084. By Messrs. Parker, Lane and Nessmith of the 44th, Wheeler of the 57th, Brantley of the 52nd and others:
A bill to amend an Act entitled "An Act providing for the formation of cooperative nonprofit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities, electrical and plumbing equipment and services to its members"; and for other purposes.

HB 1134. By Mr. Egan of the 116th:
A bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to authorize the State Board of Education to open up its student honors program to pupils of private high schools of this State; and for other purposes.

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HB 1161. By Mr. Jones of the 59th:
A bill to amend an Act placing the district attorneys of the Superior Courts of this State on an annual salary in lieu of the fee system of compensation, so as to provide that any district attorney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.

HB 1165. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act creating and incorporating Peachtree City in Fayette County, so as to delete certain provisions relating to the police court of Peachtree City; and for other purposes.

HB 1184. By Messrs. Melton and Brown of the 32nd:
A bill to reincorporate the City of Fayetteville; to create a new charter for said city; to repeal specific laws; and for other purposes.

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 has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 380. Do pass. SB 381. Do pass. SB 382. Do pass SB 383. Do pass. SB 384. Do pass. SB 408. Do pass by substitute. SR 228. Do pass as amended. SR 229. Do pass. SR 242. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.

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299

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 bills of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 312. Do pass.
SB 299. Do pass as amended. Respectfully submitted, Holloway of 12th 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 98. Do pass.

SB 318. Do pass.

SB 350. Do pass.

SB 375. Do pass.

SB 376. Do pass.

SB 389. Do pass as amended.

Respectfully submitted,

Smalley of 28th District,

Chairman.

Senator Webb of the llth District, Chairman of the Committee on Retirement, submitted the following report:

Mr. President:

Your Committee on Retirement 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 203. Do pass.

Respectfully submitted,

Webb of llth District, Chairman.

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Scripture reading and prayer were offered by Dr. H. Kerr Taylor, retired Presbyterian minister, Decatur, Georgia.

The President announced as the doctor of the day, Dr. George Faile.

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

SB 363. By Senators Stephens of the 36th, Chapman of the 32nd, Ward of the 39th and Padgett of the 23rd:
A bill to authorize the governing authorities and courts of each county and municipality to accept criminal fines in installments from those individuals unable to pay the full amount immediately; 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 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:

The voting in the affirmative were Senators:

Abney Adams of 26th Andrews Broun of 46th Brown of 47th Carter Chapman Coggin Doss Eldridge Garrard

Hardy Hensley Holley Hudgins Johnson Kennedy Kidd London McGill
Padgett Fatten

Pennington Plunkett Reynolds Riley Scott Smith of 18th Starr Stephens Tysinger Ward

Those voting in the negative were Senators:

Cox Dean Holloway Miller Noble

Reeder Rowan Smith of 34th Spinks Trippe

Vann Webb Young

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301

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

On the passage of the bill, the ayes were 32, nays 13.

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

SB 362. By Senators Stephens of the 36th and Padgett of the 23rd:
A bill to authorize city and county jail officials, sentencing judges, the State Board of Corrections, and the wardens of all county and State prisons to arrange for temporary transfer of prisoners who have been convicted of crimes, but who will likely be involved in lengthy appeals and thus forced to spend considerable time in jails which are not equipped to handle long-term prisoners; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 0.

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

SB 374. By Senator Padgett of the 23rd:
A bill to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles; so as to provide for the designation of a person to act in the place and stead of a member of the State Board of Pardons and Paroles in cases where any such member, by reason of sickness or other providential cause becomes unable to perform the duties of his office; 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 1.

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

SB 385. By Senator Broun of the 46th:
A bill to provide that it shall be unlawful for any person, firm, or corporation to operate or allow to be operated any truck, motor vehicle

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or other vehicle engaged in hauling or carrying any object or objects without having said object or objects secured to said vehicle; 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 9.

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

At the direction of the President, Senator Kidd of the 25th assumed the Chair.

SB 365. By Senators Reynolds of the 48th, Young of the 13th, Zipperer of the 3rd 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, so as to provide that the State Board of Corrections shall continue to allocate prisoners to and use the county public works camps and prisoners which meet certain criteria; to repeal conflicting laws; and for other purposes.

The Committee on Penal and Correctional Affairs offered the following amendment:
Amend SB 365 by inserting in Section 2 (b), page 2, line 10, between "1970," and "meet" the following: "and each year thereafter,".

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

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

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

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

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303

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

SB 298. By Senators Coggin of the 35th and Plunkett of the 30th:
A bill to implement the provisions of the Federal Intergovernmental Cooperation Act of 1968; to change the name of the State Planning and Programming Bureau and further changes; and for other purposes.

The House amendments were as follows:
Amend SB 298 (1) By striking Section 3 (a) and substituting the following Section 3 (a) :
"Section 3. (a) The State Planning and Community Affairs Policy Board is hereby created to establish policy and direction concerning state planning and programming and community affairs for the development of the State's physical, economic and human resources and to perform such other functions as may be provided by law".
(2) By adding at the end of Section 10 the following subsections:
"(i) To serve as the Governor's representative to local communities on a routine basis on the request of or on direction from the Governor in matters affecting social, economic, human or business relations matters, and in this capacity, to serve and provide mediation, consultation and fact finding services.
(j) To maintain liaison with and draw upon specialized private agency and business, labor and professional association resources in order to have available additional information and expertise in specific areas of concern.
(k) To coordinate activities with the Department of Housing and Urban Development or its counterparts by whatever name called at all governmental levels."
Amend SB 298 by striking Subsection (b) of Section 3 and inserting in lieu thereof the following Subsection 3 (b):
" (b) The State Planning and Community Affairs Policy Board shall consist of the Governor, who shall serve as its Chairman; five members appointed by the Governor one of which shall be a official of the Georgia Municipal Association and one of which shall be a official of the County Commissioners Association, and which five members shall serve at his pleasure; the Chairman of the House Appropriations Committee; the Chairman of the Senate Appropriations Committee; the Chairman of the House Committee on Community Affairs when formed or designated or if not formed or designated such other committee chairman as designated by the Speaker of the House; the Chairman of the Senate

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Community Affairs when formed or if not formed such other committee chairmen as designated by the Lt. Governor; one member appointed by the State Advisory Committee on Area Planning and Development, who shall serve at the pleasure of said committee. The State Planning and Community Affairs Officer shall be an ex-officio, non voting member of the Board and shall serve as its Secretary."
Amend SB 298 by adding a new subsection at the end of Section 3 to be designated subsection (c) and to read as follows:
"(c) Each member of the Board who is not a State official or employee shall receive $25.00 for each meeting of the Board attended by said member and shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties as a member of the Board. Members of the Board, other than legislators, who are State officials or employees shall not receive any compensation for serving on the Board but shall be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties as members of the Board. The legislative members of the Board shall receive the expenses and allowances provided by law for members of legislative interim committees for each meeting attended by such members, and such expenses and allowances shall be paid from funds appropriated or otherwise available to the legislative branch of government."
Amend SB 298 by adding a new section to be numbered Section 18 to read as follows:
"Nothing in this Act shall be construed to limit the powers of any unit of local government."
and to renumber the remaining sections accordingly.

Senator Coggin of the 35th moved that the Senate agree to the House amendments to SB 298.

On the motion, the ayes were 39, nays 0; the motion prevailed, and the House amendments to SB 298 were agreed to.

The President resumed the Chair.

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

SB 327. By Senator Kidd of the 25th:
A bill to amend Code Section 46-102, relating to the affidavits and bonds required to be filed in garnishment proceedings, so as to provide that no bond shall be necessary or required in those garnishment proceedings which are instituted for the purpose of recovering amounts due the plaintiff; to repeal conflicting laws; and for other purposes.
Senator Webb of the llth moved that SB 327 be postponed indefinitely.

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305

On the motion, the ayes were 18, nays 14; the motion prevailed, and SB 327 was postponed indefinitely.

SB 336. By Senator Broun of the 46th:
A bill to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; to repeal conflicting laws; and for other purposes.

The Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to restrict the drivers of all trucks using the public streets and highways of this State from using the lane farthest to the left on multiple lane streets and highways; to provide for certain exceptions; to provide a penalty for the violation of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The drivers of all trucks using the public streets and highways of this State shall not use the lane farthest to the left on all multiple lane streets and highways of this state with the following exceptions :
(a) A driver of a truck may use the lane farthest to the left for the purpose of passing but said driver shall vacate the lane farthest to the left as soon as safety permits.
(b) A driver of a truck may use the lane farthest to the left for the purpose of making the necessary turns and changes in direction in order to reach the desired destination.
Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.
Section 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.

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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 by substitute.

SB 397. By Senator Rowan of the 8th:
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; 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 1.

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

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 railroad at grade, not in an incorporated town or city, shall be designated as an unsafe crossing; to repeal conflicting laws; and for other purposes.

Senator Hardy of the 56th moved that SB 278 be postponed until Monday, February 2.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 278 was postponed until Monday, February 2.

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:00 o'clock A. M. Monday, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. Monday.

MONDAY, FEBRUARY 2, 1970

307

Senate Chamber, Atlanta, Georgia, Monday, February 2, 1970

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Andrews of the 49th reported that the journal of Friday's proceedings had been read and found correct.

By unanimous consent, the reading of the journal was dispensed with, and the journal was confirmed.
Senator Webb of the llth asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of 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 S. Tether, and as the nurse of the week, Miss Madeleine Woods.

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

Abney Adams of 5th Adams of 26th Andrews 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 Patton Pennington Plunkett Reeder

308
Reynolds Riley Rowan Scott Searcey Smalley Smith of 18th

JOURNAL OP THE SENATE,

Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann

Walling Ward Webb Young Zipperer

Scripture reading and prayer were offered by Reverend Kenneth Lash, Bethesda Universal Methodist Church, Hartwell, Georgia.

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 498. By Messrs. Bennett of the 71st, Bostick of the 63rd, Lee of the 61st, Gates of the 95th, Rowland and Douglas of the 42nd, Shanahan of the 8th, Nunn of the 41st, Hale of the 1st and Harris of the 67th:
A bill to provide that the validity of a judgment rendered in any divorce proceeding may not be contested or challenged after three years from the rendition of the final judgment therein, except upon the grounds that the judgment complained of was procured as a result of fraud; and for other purposes.

HB 767. By Mr. Rowland of the 42nd:
A bill to amend Code Section 53-107, relating to restraints of marriage, so as to provide for the validity of antenuptial agreements; and for other purposes.

HB 1051. By Mr. Douglas of the 42nd:
A bill to amend Code Section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, so as to provide that certain reconveyances, in the event of prior death of a grantor, shall be valid and effective to vest title in heirs, personal representatives or successors in title of said deceased grantor as their interests may appear; and for other purposes.

HB 1062. By Mr. Alexander of the 108th:
A bill to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of decision; and for other purposes.

MONDAY, FEBRUARY 2, 1970

309

HB 1128. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to reduce the time within which payment of a judgment out of a security deposit may be made; and for other purposes.

HB 1139. By Mr. Toles of the 9th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Secretary of State shall be authorized to furnish, without cost, to the various public schools of this State, State flags; and for other purposes.

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd, Pinkston of the 81st, Snow of the 1st, Levitas of the 77th, Mason of the 13th:
A bill to amend Code Section 114-101, relating to the definition of the term "Employer" and "Employee" for the purposes of Workmen's Compensation, so as to authorize planning commissions created pursuant to Section 1 of an Act relating to the creation of planning commissions by certain political subdivisions; to provide workmen's compensation for their employees; and for other purposes.

HB 1216. By Messrs. Atherton of the 117th, Horton of the 95th, Smith of the 3rd and Chandler of the 34th:
A bill to amend Code Section 79A-402, relating to the qualifications of applicants for registration as a licensed pharmacist, so as to remove certain provisions relating to the type of practical experience required by an applicant; and for other purposes.

HR 623. By Messrs. Adams of the 100th, Rush of the 51st, Smith of the 39th, Bostick of the 63rd, Whaley of the 93rd and others:
A resolution designating the largemouth bass as the official State fish; and for other purposes.

HR 55. By Mr. Joiner of the 35th: A resolution compensating Mr. Frank Flanders; and for other purposes.

HR 96. By Mr. Lowrey of the 9th: A resolution compensating Mr. Clarence Salmon; and for other purposes.

HR 537. By Mr. Wamble of the 69th:
A resolution compensating the Grady County Electric Membership Corporation ; and for other purposes.

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JOURNAL OF THE SENATE,

HR 548. By Mr. Levitas of the 77th:
A resolution compensating Mr. Morris Benbenisty; and for other purposes.

HR 551. By Mr. Phillips of the 50th: A resolution compensating Mr. Willie Linder; and for other purposes.

HR 576. By Mr. Douglas of the 42nd: A resolution compensating Mr. Robert H. Lee; and for other purposes.

HR 577. By Mr. Peters of the 2nd:
A resolution compensating Mr. Aubrey M. Honeycutt; and for other purposes.

HR 585. By Mr. Davis of the 75th: A resolution compensating Mr. Joe B. Hogan; and for other purposes.

HR 591. By Mr. Potts of the 30th: A resolution compensating Mr. James Elliott Kee; and for other purposes.
HR 592. By Mr. Jones of the 87th: A resolution compensating Mr. Joe Alien Rahn, Jr.; and for other purposes.
HR 593. By Mr. Dodson of the 82nd: A resolution compensating Dell D. Gledhill; and for other purposes.
HR 600. By Mr. Mauldin of the 12th: A resolution compensating Willie James Rucker; and for other purposes.
HR 605. By Messrs. Chandler and Harrington of the 34th: A resolution compensating Mrs. Juanita W. Worsham; and for other purposes.

MONDAY, FEBRUARY 2, 1970

311

HR 606. By Messrs. Chandler and Harrington of the 34th: A resolution compensating Mrs. A. 0. Hodges; and for other purposes.

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

SR 183. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th:
A resolution urging the 34-man Industry Wide Flue-Cured Tobacco Marketing Committee to permit the Georgia-Florida flue-cured tobacco belt to increase the sheet weight limit of tobacco allowed to be sold from 200 pounds to 250 pounds; and for other purposes.

SR 184. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A resolution urging the United States Department of Agriculture Crop Reporting Service to reassess the methods and techniques used in determining tobacco crop estimates; and for other purposes.

SR 185. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A resolution urging Georgia tobacco farmers to plant old-line, highquality varieties of tobacco; and for other purposes.
SR 186. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A resolution urging the Georgia-Florida Tobacco Warehouse Association to consider taking steps to police and hold to a minimum the sale of outof-belt tobacco on Georgia warehouse floors during the regular selling season; and for other purposes.
SR 187. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th: A resolution urging the 34-man Industry Wide Flue-Cured Tobacco Marketing Committee to add three new additional members from the Georgia-Florida-Alabama producing area; and for other purposes.
SR 188. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th: A resolution urging the Secretary of Agriculture of the United States to lower the national yield goal and increase the acreage on tobacco allotments; and for other purposes.

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JOURNAL OF THE SENATE,

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

SB 435. By Senator Broun of the 46th:
A bill to amend an Act known as the Retail Installment and Home Solicitation Sales Act, as amended, so as to provide that the buyer shall have the right to cancel a home solicitation sale agreement until midnight of the third business day following the day on which the buyer signs the agreement; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SB 436. By Senator Webb of the llth:
A bill to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combating organized crime; to provide a realistic method by which organized crimes may be controlled, contained and reduced; and for other purposes.
Referred to Committee on Judiciary.

SB 437. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A bill to amend an Act creating the Department of Commerce, so as to create within the Department of Industry and Trade a Division of State Parks; to repeal conflicting laws; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

SB 438. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A bill to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 439. By Senators Hardy of the 56th, Chapman of the 32nd and Rowan of the 8th:
A bill to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

MONDAY, FEBRUARY 2, 1970

313

SR 245. By Senator Dean of the 6th:
A resolution proposing an amendment to the Constitution so as to change the method of selecting the legal organ of Wayne County; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 246. By Senator London of the 50th:
A resolution creating the Joint Drug Abuse Study Committee; and for other purposes. Referred to Committee on Rules.

SR 247. By Senators Kidd of the 25th, Hudgins of the 15th, Reeder of the 55th and others:
A resolution creating the "Awareness House" Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 248. By Senators Spinks of the 9th, Chapman of the 32nd, Fincher of the 54th and others:
A resolution proposing an amendment to the Constitution so as to create the Georgia Recreation Authority and to provide that the Georgia Recreation Authority shall succeed to and be vested with all the powers, authority, duties, rights, jurisdiction, and obligations of the Jekyll Island State Park Authority, the Stone Mountain Association, and the Lake Lanier Islands Development Authority; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

SR 249. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution relative to Callaway Gardens; and for other purposes. Referred to Committee on Business, Trade and Commerce.

SR 250. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution requesting the Georgia Historical Commission to render assistance and advice in the development of Westville as a tourist attraction; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

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JOURNAL OF THE SENATE,

SR 251. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution relative to Providence Canyons; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

SR 252. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution endorsing the Agricultural Museum project in Tift County; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 498. By Messrs. Bennett of the 71st, Bostick of the 63rd, Lee of the 61st and others:
A bill to provide that the validity of a judgment rendered in any divorce proceeding may not be contested or challenged after three years from the rendition of the final judgment therein, except upon the grounds that the judgment complained of was procured as a result of fraud; and for other purposes.
Referred to Committee on Judiciary.

HB 767. By Mr. Rowland of the 42nd:
A bill to amend Code Section 53-107, relating to restraints of marriage so as to provide for the validity of antenuptial agreements; and for other purposes.
Referred to Committee on Judiciary.

HB 1051. By Mr. Douglas of the 42nd:
A bill to amend Code Section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, so as to provide that certain reconveyances, in the event of prior death of a grantor, shall be valid and effective to vest title in heirs, personal representatives or successors in title of said deceased grantor as their interests may appear; and for other purposes.
Referred to Committee on Judiciary.

HB 1062. By Mr. Alexander of the 108th:
A bill to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the re-

MONDAY, FEBRUARY 2, 1970

315

mittitur shall not issue from that court for at least 90 days from the date of decision; and for other purposes.
Referred to Committee on Judiciary.

HB 1128. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to reduce the time within which payment of a judgment out of a security deposit may be made; and for other purposes.
Referred to Committee on Judiciary.

HB 1139. By Mr. Toles of the 9th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Secretary of State shall be authorized to furnish, without cost, to the various public schools of this State, State flags; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd, Pinkston of the 81st, Snow of the 1st and others:
A bill to amend Code Section 114-101, relating to the definition of the term "Employer" and "Employee" for the purposes of Workmen's Compensation, so as to authorize planning commissions created pursuant to Section 1 of an Act relating to the creation of planning commissions by certain political subdivisions; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1216. By Messrs. Atherton of the 117th, Horton of the 95th, Smith of the 3rd and Chandler of the 34th:
A bill to amend Code Section 79A-402, relating to the qualifications of applicants for registration as a licensed pharmacist, so as to remove certain provisions relating to the type of practical experience required by an applicant; and for other purposes.
Referred to Committee on Health and Welfare.

HR 55. By Mr. Joiner of the 35th: A resolution compensating Mr. Frank Flanders; and for other purposes.
Referred to Committee on Appropriations.

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JOURNAL OP THE SENATE,

HR 96. By Mr. Lowrey of the 9th: A resolution compensating Mr. Clarence Salmon; and for other purposes.
Referred to Committee on Appropriations.

HR 537. By Mr. Wamble of the 69th:
A resolution compensating the Grady County Electric Membership Corporation; and for other purposes.
Referred to Committee on Appropriations.

HR 548. By Mr. Levitas of the 77th:
A resolution compensating Mr. Morris Benbenisty; and for other purposes.
Referred to Committee on Appropriations.

HR 551. By Mr. Phillips of the 50th: A resolution compensating Mr. Willie Linder; and for other purposes.
Referred to Committee on Appropriations.

HR 576. By Mr. Douglas of the 42nd: A resolution compensating Mr. Robert H. Lee; and for other purposes.
Referred to Committee on Appropriations.
HR 577. By Mr. Peters of the 2nd: A resolution compensating Mr. Aubrey M. Honeycutt; and for other purposes.
Referred to Committee on Appropriations.
HR 585. By Mr. Davis of the 75th: A resolution compensating Mr. Joe B. Hogan; and for other purposes.
Referred to Committee on Appropriations.
HR 591. By Mr. Potts of the 30th: A resolution compensating Mr. James Elliott Kee; and for other purposes.
Referred to Committee on Appropriations.

MONDAY, FEBRUARY 2, 1970

317

HR 592. By Mr. Jones of the 87th:
A resolution compensating Mr. Joe Alien Rahn, Jr.; and for other purposes.
Referred to Committee on Appropriations.

HR 593. By Mr. Dodson of the 82nd: A resolution compensating Dell D. Gledhill; and for other purposes.
Referred to Committee on Appropriations.

HR 600. By Mr. Mauldin of the 12th: A resolution compensating Willie James Rucker; and for other purposes.
Referred to Committee on Appropriations.

HR 605. By Messrs. Chandler and Harrington of the 34th:
A resolution compensating Mrs. Juanita W. Worsham; and for other purposes.
Referred to Committee on Appropriations.

HR 606. By Messrs. Chandler and Harrington of the 34th: A resolution compensating Mrs. A. O. Hodges; and for other purposes.
Referred to Committee on Appropriations.

HR 623. By Messrs. Adams of the 100th, Rush of the 51st, Smith of the 39th, and others:
A resolution designating the largemouth bass as the official State fish; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

The following bills and resolutions of the Senate and House were read the second time:

SB 426. By Senators Trippe of the 31st and Broun of the 46th:
A bill to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate Investment Board and the Advisory Board; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

SB 427. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st and others:
A bill to amend Code Section 87-201, relating to the notice of elections held by counties, municipalities or divisions on the issue of bonds, as amended, so as to change the time for holding such elections in certain counties; to repeal conflicting laws; and for other purposes.

SB 428. By Senator Rowan of the 8th:
A bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the purpose of compensating his employees; to repeal conflicting laws; and for other purposes.

SB 429. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum requirements for agents of the Bureau of Investigation of the Department of Public Safety, so as to provide that the Director may employ agents who do not meet the requirements of said Act, which agents shall be assigned to overt or covert drug abuse investigations; to repeal conflicting laws; and for other purposes.

SB 430. By Senators Reeder of the 55th and Miller of the 43rd:
A bill to provide that any plan adopted by the Georgia Department of Public Health pursuant to the provisions of Title XIX of the Federal Social Security Act, be amended to provide that the provisions for medical assistance contained herein shall include medical assistance rendered by chiropractors; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 431. 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 drivers' licenses, so as to change the time periods and violation point counts which may be incurred for the purpose of suspending licenses; to repeal conflicting laws; and for other purposes.

SB 432. By Senator McGill of the 24th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, as amended, so as to change the provisions for disposing of contraband wildlife or parts thereof which have been seized under the provisions of said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 2, 1970

319

SB 433. By Senator McGill of the 24th:
A bill to require the display of information relating to maximum capacity on watercraft; to provide certain definitions; to provide that a capacity plate be affixed to certain watercraft by the manufacturer or any other person in accordance with such rules and regulations as the State Game and Fish Commission may prescribe; to repeal conflicting laws; and for other purposes.

SB 434. By Senator Plunkett of the 30th:
A bill to authorize each municipality in this State to provide by ordinance for the levying of a fee on the parking of motor vehicles in places charging for such parking; to provide for exemptions; to provide for amounts; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.

SR 244. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College; and for other purposes.

HB 1002. By Messrs. Davis of the 86th and Colwell of the 5th:
A bill to amend Code Sections 92-1403 and 92-1407 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide certain exemptions for motor fuel of a type other than gasoline used for nonhighway purposes; and for other purposes.

HB 1092. By Messrs. Snow of the 1st, Thomason of the 77th, Harris of the 67th, Kreeger of the 117th and others:
A bill to amend Code Section 29-101, relating to requisites of a deed to lands, so as to change the number and qualifications of witnesses needed for the attestation of a deed; and for other purposes.

HB 1124. By Mr. Dickinson of the 118th:
A bill to impose a tax on mobile homes in all counties with populations of not less than 16,700 nor more than 16,800; and for other purposes.

HB 1169. By Mr. Dixon of the 65th:
A bill to amend Code Chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspection of honey bee colonies; and for other purposes.

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JOURNAL OP THE SENATE,

HE 544. By Messrs. Melton of the 32nd, Peterson of the 41st and "Wamble of the 69th:
A resolution proposing an amendment to the Constitution so as to provide that personal clothing and effects, household furniture furnishings, equipment and other personal property used within the home shall be exempt from all ad valorem taxation; and for other purposes.

HB 1019. By Messrs. Evans and Scarborough of the 81st, Rowland and Douglas of the 42nd and Cato of the 68th:
A bill to repeal Code Section 114-403, relating to the right of subrogation; and for other purposes.

The following reports of standing committees were read by the Secretary:

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 367. Do pass. SB 401. Do pass. SB 402. Do pass. SB 395. Do pass as amended. SB 411. Do pass. HB 1165. Do pass. HB 1184. Do pass HB 1185. Do pass. HB 1187. Do pass. HB 1188. Do pass. HB 1193. Do pass. HB 1213. Do pass. HB 1214. Do pass. HB 1215. Do pass. HB 1229. Do pass. HB 1236. Do pass.

MONDAY, FEBRUARY 2, 1970

321

HR 259. Do pass. HR 584. Do pass. HR 603. Do pass.

Respectfully submitted, Brown of 47th District, Acting 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 655. Do pass as amended.

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

SB 405. Do pass.

Respectfully submitted, Chapman of 32nd District, Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill

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of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1002. Do pass. Respectfully submitted, Hensley of 33rd District, Chairman.

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

SB 318. By Senator Smalley of the 28th: A bill to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limitations for such investments ; to establish the standards for fiduciary investment companies to qualify them for such investments; to define the powers of the Superintendent of Banks under 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 36, nays 5.
The bill, having received the requisite constitutional majority, was passed.

SB 312. By Senator Holloway of the 12th: A bill creating the State Board of Workmen's Compensation, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; to provide for certain exemptions; 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 44, nays 1.
The bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 2, 1970

323

SB 350. By Senators London of the 50th and Andrews of the 49th:
A bill to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; 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.

Senator Andrews of the 49th moved that SB 350 be immediately transmitted to the House.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 350 was immediately transmitted to the House.

SB 375. By Senator Smalley of the 28th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act" so as to delete therefrom certain provisions relating to disclosure and details of transactions; 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 376. By Senator Smalley of the 28th: A bill to amend an Act known as the "Motor Vehicle Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; 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.

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JOURNAL OF THE SENATE,

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

SB 380. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development of housing, and in connection therewith, to authorize said Commissions to employ staff; to authorize training of said staff; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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

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

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

SB 381. By Senators Trippe of the 81st, Hensley of the 33rd, Patton of the 40th and others:
A bill to amend the Act known as the "Urban Redevelopment Law", to provide that the acquisition, planning, preparation for development or disposal of undeveloped open land shall constitute an urban redevelopment project under certain circumstances; to provide for such circumstances and for all procedures; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 1.

The bill, having received the requisite constitutional majority, was passed.
SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others: A bill to amend the Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 2, 1970

325

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

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

The bill, having received the requisite constitutional majority, was passed.
SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others: A bill to amend an Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; 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 3.

The bill, having received the requisite constitutional majority, was passed.
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 constitutions and laws of the United States and the State of Georgia; and for other purposes.

Senator Gillis of the 20th moved that SB 98 be postponed until Wednesday, February 11.
On the motion, the ayes were 35, nays 1; the motion prevailed, and SB 98 was postponed until Wednesday, February 11.

SB 382. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others:
A bill to provide that standards for certain factory built housing prototypes, subsystems, materials and components certified as acceptable

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by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing, housing prototypes, subsystems, materials and components for any county or municipality of this State; to repeal conflicting laws; and for other purposes.

Senator Smith of the 18th moved that SB 382 be recommitted to the Committee on Economy, Reorganization and Efficiency in Government.

On the motion, the ayes were 40, nays 0; the motion prevailed, and SB 382 was recommitted to the Committee on Economy, Reorganization and Efficiency in Government.

SB 389. By Senator Coggin of the 35th:
A bill to create the Georgia Professional Corporation Act; to define terms; to authorize certain persons licensed to practice a profession as a professional corporation; to provide for the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend SB 389 by adding in subsection (a) of Section 4 the following:
", but for the purpose of this Act, the practice of medicine and surgery shall be considered the practice of only one profession."

On the adoption of the amendment, the ayes were 43, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 40, nays 0.

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

SB 317. By Senators Webb of the llth, Hill of the 29th, Chapman of the 32nd and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the Fund to receive a percentage of certain

MONDAY, FEBRUARY 2, 1970

327

fines; to provide an effective date; to repeal conflicting laws; and for other purposes.

The following fiscal letter, as required by law, was read by the Secretary:

Department of Audits Atlanta

January 23, 1970

MEMORANDUM

TO:

Honorable Julian Webb, Chairman

Senate Retirement Committee

PROM: E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer

RE: Fiscal Note Senate Bill 317

This Bill would increase the amount of remittance from the various courts in the State from $5.00 for each case in which the fine or forfeiture is in excess of $100.00, to 5% of the fine. Attached you will find copy of letter dated January 8, 1970, from Mr. Flynt Langford, SecretaryTreasurer with the Peace Officers' Annuity and Benefit Fund.

EBD/dd Attch.

E. B. Davis, State Auditor
W. C. Hawthorne, Deputy State Budget Officer

PEACE OFFICERS' ANNUITY AND BENEFIT FUND of the State of Georgia 405 North Expressway P. 0. Box 56 Griffin, Georgia 30223

January 8, 1970.

TO:

Board of Commissioners

Peace Officers' Annuity & Benefit Fund

Gentlemen:

Proposed legislation has been drafted and is ready to be introduced in the Legislature this month which will increase the amount of remittances from the various Courts in the State from $5.00 for each case, in

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which the fine or forfeiture is in excess of $100.00, to "5 per cent" of the fine or forfeiture. This will result in an estimated increase in income of at least 10 per cent. There is no way to know for sure what the increase will amount to, except the experience of the actual receipts for several months.

However, assuming that the increase will amount to at least 10 per cent, this amount will allow future legislation [which the Board has wanted to do for many years]. There has long been the wish of the Board to increase the retirement benefits. Also, much discussion has been held on same liberalization of the Disability benefits.

The preliminary report of the Actuarial firm of Bowles, Andrews and Towne has stated that the Fund is now ACTUARIALLY SOUND. However, there is not at the present time any significant cushion to consider the desired and long sought increases in benefits.

With the anticipated increase provided by this Bill, these increases should be within the realm of possibility and probability within the next year or two.

I shall send to you a complete report from the actuaries as soon as I receive it. In the meantime, I felt you should be advised of this preliminary report and statement that we are now actuarially sound, should you be contacted by some members of the Legislature with reference to this new proposed legislation.

FL/jrr

Sincerely yours,
Flynt Langford Secretary-Treasurer

The report 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.

SB 330. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th and others:
A bill to create The Advisory Committee on Retirement Systems; and for other purposes.

The following fiscal letter, as required by law, was read by the Secretary:

MONDAY, FEBRUARY 2, 1970

329

DEPARTMENT OF AUDITS

Atlanta January 23,1970

MEMORANDUM

TO: FROM: RE:

Honorable Julian Webb, Chairman Senate Retirement Committee
E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer
Fiscal Note Senate Bill 330

The cost of this Bill would amount to the cost of the personnel it employed along with the per diem allowance paid to the Lieutenant Governor and the Speaker of the House and the Senator and Representative on the Committee, the other five members of the Committee shall receive $25.00 per day plus expenses for their services.

E. B. Davis, State Auditor

EBD/dd

W. C. Hawthorne, Deputy State Budget Officer

The report 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.
SR 209. By Senators Webb of the llth, Bateman of the 27th, Gillis of the 20th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the creation of a single agency of the State government to administer all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, and other similar State supported systems created by law; and to authorize the General Assembly to provide by law for the creation of an actuarially sound retirement system which shall cover persons hereafter becoming officials or employees of the State and which may cover per-

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JOURNAL OF THE SENATE,

sons hereafter becoming officials or employees of political subdivisions of the State and which may cover officials and employees who are members of retirement or pension systems or other similar systems heretofore created by law and to authorize the expenditure of State and local funds in support of said system; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section II of the Constitution is hereby amended by redesignating the second Paragraph VI as Paragraph VII and by adding two new paragraphs to be designated Paragraphs VIII
and IX and to read as follows:

"Paragraph VIII. Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law for the creation of a single agency of the State Government to administer all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, and other similar State supported systems created by law. The General Assembly shall be further authorized to provide by law for the abolishment of any one or more of the boards of trustees of such systems and for the creation of a single board of trustees as the successor to such abolished boards. Any law enacted pursuant to the authority of this paragraph shall provide that the funds and investments of each such system shall be accounted for, maintained and invested separately from each of the other systems. No vested rights under any such systems shall be affected by the provisions of this paragraph or by any law enacted pursuant thereto."

"Paragraph IX. Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law for the creation of an actuarially sound retirement system, having such terms, conditions and requirements as the General Assembly shall provide, which, (1) shall cover all persons becoming officials or employees of the State and any department, board, bureau, commission or other agency thereof on and after the effective date of the law creating such system, and which (2) may cover any persons becoming officials or employees of political subdivisions of the State on or after the effective date of the law creating such system as the General Assembly may provide by such law or any amendment thereto, and which (3) may cover any officials and employees who are members of a retirement or pension system, annuity and benefit fund, emeritus system, or other similar system heretofore created by law. The General Assembly shall be further authorized to appropriate funds for the support of any retirement system created pursuant to the authority of this paragraph and may authorize or require political subdivisions to expend funds of such policical subdivisions in support of such system. No vested rights under any retirement or pension system, annuity and benefit fund, emeritus system or other similar system heretofore created by law shall be affected by the ptor.o"visions of this paragraph or by any law enacted pursuant there-

MONDAY, FEBRUARY 2, 1970

331

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 authorize the General Assembly to provide by law for the creation of a single agency of the State government to administer
NO ( ) all State supported retirement and pension systems, annuity and benefit funds, emeritus systems, and other similar State supported systems created by law; and to authorize the General Assembly to provide by law for the creation of an actuarially sound retirement system which shall cover persons hereafter becoming officials or employees of the State and which may cover persons hereafter becoming officials or employees of political subdivisions of the State and which may cover officials and employees who are members of retirement or pension systems or other similar systems heretofore created by law and to authorize the expenditure of State and local funds in support of said system?"

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 following fiscal letter, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS

January 23, 1970.

Atlanta

MEMORANDUM

TO: FROM: RE:

Honorable Julian Webb, Chairman Senate Retirement Committee
E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer
Fiscal Note Senate Resolution 209

This is a proposed amendment to the Constitution authorizing the General Assembly to provide by law for the creation of a single agency of State government to administer all State supported retirement and

332

JOURNAL OF THE SENATE,

pension systems including emeritus systems of State government as well as officials and employees of political subdivisions of the State. There would be no way to estimate the cost involved or the number of persons affected with reference to this Resolution. However, it should be noted that there are a great number of pension funds throughout the State which have never made any attempt to have an actuarially sound retirement system. Liabilities of these types of systems could be tremendous and would take large appropriations at the beginning to create an actuarially sound system or to retain the beginning systems actuarial soundness.

Generally, actuarial soundness of the current employees and teachers retirement systems is maintained by future anticipation of new members, etc. and should one system be adopted, leaving no future employees under the older system, rates under those systems would increase with reference to employer contributions due to the loss of the anticipated revenue on future employees which is taken into consideration on the actuarial evaluation.
E. B. Davis, State Auditor

EBD/dd

W. C. Hawthorne, Deputy State Budget Officer

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 26th Andrews Broun of 46th Brown of 47th Carter Chapman Cox Dean Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley

Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Patton Pennington Plunkett Reeder Reynolds

Riley Rowan Searcey Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Vann Ward Webb Young Zipperer

Those voting in the negative were Senators:

Doss

Noble

Scott

MONDAY, FEBRUARY 2, 1970

333

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

On the adoption of the resolution, the ayes were 47, nays 3.

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

The following general bill of the Senate, favorably reported by the committee, and having been read the third time on Friday, January 30 and post-
poned, was put upon its passage:

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 railroad at grade, not in an incorporated town or city, shall be designated as an unsafe crossing; to repeal conflicting laws; and for other purposes.

Senator Webb of the llth moved that SB 278 be postponed until Wednesday, February 4.

On the motion, the ayes were 44, nays 0; the motion prevailed and SB 278 was postponed until Wednesday, February 4.

Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following 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 310. Respectfully submitted, Eldridge of the 7th District, Chairman.

The following general resolution of the Senate, favorable reported by the committee, was read the third time, and put upon its passage:

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JOURNAL OF THE SENATE,

SR 229. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; 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 1.

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

The following resolution was read and adopted:

SR 253. By Senator Trippe of the 31st:
A resolution honoring Douglas County in this, its centennial year; and for other purposes.

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. tomorrow.

TUESDAY, FEBRUARY 3, 1970

335

Senate Chamber, Atlanta, Georgia Tuesday, February 3, 1970

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Kennedy of the 4th 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 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. C. Buchanan.

Senator Kennedy of the 4th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.
Scripture reading and prayer were offered by Reverend F. Eugene Gilreath, pastor, Evangelical Methodist Church, LaFayette, Georgia.
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 resolutions of the House, to-wit:

HB 1239. By Mr. Funk of the 92nd:
A bill to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Thunderbolt in Chatham County, so as to change provisions relating to the filling of vacancies in the office of Mayor, Alderman, Treasurer and Clerk of Council; and for other purposes.

HB 1243. By Mr. Peters of the 2nd:
A bill to amend An Act creating the office of tax commissioner of Catoosa County, so as to change the clerical assistance allowance of the tax commissioner; and for other purposes.

HB 1246. By Mr. Moate of the 28th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; to prescribe the pleading and practice in said court; and for other purposes.

HB 1250. By Mr. Peters of the 2nd:
A bill to amend an Act creating and establishing a new charter for the town of Ringgold, so as to change the power of the mayor's court to impose sentences; and for other purposes.

HB 1257. By Messrs. Pickard, Buck and Jones of the 84th, Berry and Thompson of the 85th, and Davis of the 86th:
A bill to amend an amendment to the Constitution of the State of Georgia creating the Columbus and Muscogee County Building Commission, so that said Commission shall hereafter be known as the "Columbus & Muscogee County Building Authority"; and for other purposes.

HB 1258. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1259. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Coroner of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

TUESDAY, FEBRUARY 3, 1970

337

HB 1260. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1261. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to place the Clerk of the Superior Court of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1262. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1263. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act establishing the State Court of Macon County, so as to authorize the governing authority of Macon to fix the salary of the judge and the solicitor of said Court within a certain salary range; and for other purposes.

HB 1264. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Collector of Macon County on an annual salary in lieu of the fee basis of compenastion; and for other purposes.

HB 1272. By Mr. Shanahan of the 8th:
A bill to amend an Act placing the clerk of the superior court and ordinary of Gordon County upon an annual salary; to change the compensation of the clerk and ordinary; and for other purposes.

HB 1273. By Mr. Shanahan of the 8th: A bill to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to change the compensation of the Sheriff and Deputy Sheriffs; to authorize the sheriff to appoint four deputies; and for other purposes.
HB 1283. By Mr. Phillips of the 50th: A bill to amend an Act placing the Sheriff of Treutlen County on an annual salary system in lieu of the fee system of compensation, so as

338

JOURNAL OF THE SENATE,

to change the compensation of the sheriff and his deputy, and to change his car allowance; and for other purposes.

HB 1291. 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 change the compensation of the sheriff; and for other purposes.

HB 1294. By Mr. Shanahan of the 8th:
A bill to amend an Act 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.

HB 1299. By Messrs. Keyton and Russell of the 70th:
A bill to amend an Act creating a new charter for the City of Pavo, so as to provide for an increase in the limitation on the salaries of councilmen from $3.00 per month to $20.00 per month; and for other purposes.

HB 746. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of such license tags for pickup trucks and station wagons; and for other purposes.

HB 847. By Messrs. Hargrett of the 58th and Battle of the 90th:
A bill to amend Code Section 114-410, relating to two permanent injuries, so as to change the maximum amount of compensation which an employee who receives two permanent injuries may receive; and for other purposes.

HB 1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A bill to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development of housing, and in connection therewith, to authorize said Commissions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; and for other purposes.

TUESDAY, FEBRUARY 3, 1970

339*

HB 1227. By Messrs. Williams of the llth, Wilson of the 117th, Clarke of the 33rd, Brown of the 32nd, Winkles of the 96th and Egan of the 116th:
A bill to amend an Act authorizing the use of radar speed detection devices by the various counties of this State, so as to prohibit the use of radar speed detection devices; and for other purposes.

HB 1245. By Mr. Adams of the 100th:
A bill to amend an Act providing for issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide that such tags may be issued for pick-up trucks and station wagons; and for other purposes.

HB 1270. By Mr. Gunter of the 6th:
A bill to amend Code Chapter 38-7, relating to private writings as evidence so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; and for other purposes.

HR 617. By Messrs. Brown and Melton of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases asare thought to be necessary or desirable; and for other purposes.

HR 618. By Messrs. Brown and Melton of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the first Payette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.

HR 639. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A resolution proposing an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County, which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point; and for other purposes.

HR 560. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton of the 95th, Horton of the 95th, Housley of the 117th and Ware of the 30th:
A resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.

340

JOURNAL OP THE SENATE,

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th, and Kennedy of the 4th:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory Board; and for other purposes.

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

HR 671. By Mr. Dickinson of the 118th:
A resolution honoring Douglas County in this, its centennial year; and for other purposes.

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

HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th, Parker of the 46th, Lane of the 44th, Floyd of the 7th, Dean of the 19th and others:
A bill to amend an Act establishing the State Employees' Retirement System, so as to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety; and for other purposes.

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

SB 440. By Senators Hudgins of the 15th, Dean of the 6th, Young of the 13th and others:
A bill to provide that no vehicles shall be allowed to be parked upon that portion of any public street which abuts upon that tract of land upon which the State Capitol is situated; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

TUESDAY, FEBRUARY 3, 1970

341

SB 441. By Senators Carter of the 14th, Hudgins of the 15th, Young of the 13th and others:
A bill to amend Code Section 57-112, relating to persons exempt from Jury duty, as amended, so as to provide that any elected official may request an exemption from jury duty; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 442. By Senators Kidd of the 25th and Holley of the 22nd:
A bill to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; to require that all hypodermic syringes and hypodermic needles be destroyed when no longer in use for authorized medical purposes; to define terms; to provide penalties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 443. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", as amended, so as to change the qualifications of the Adjutant General; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A bill to create the South Fulton Coliseum Authority; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 445. By Senator Searcey of the 2nd:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", as amended, so as to repeal the provisions exempting sales to State banks from the taxes imposed by said Act where it is determined that National banks enjoy an immunity from such taxes; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 446. By Senators Coggin of the 35th and Riley of the 1st:
A bill to amend Code Section 26-2306, relating to the prohibitions against certain officers and employees of State and local governments from selling to such governments, so as to provide the procedures under

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JOURNAL OP THE SENATE,

which certain sales by such officers shall be permitted; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 447. By Senator Stephens of the 36th:
A bill to authorize any law enforcement official to seize, without a warrant, any conveyance used in handling, transporting, carrying or holding stolen goods; to define terms; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 448. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 254. By Senator Coggin of the 35th:
A resolution creating the Legislative Building Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 255. By Senator Coggin of the 35th:
A resolution recreating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 746. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of such license tags for pickup trucks and station wagons; and for other purposes.
Referred to Committee on Defense and Veterans Affairs.

HB 847. By Mr. Hargrett of the 58th and Mr. Battle of the 90th:
A bill to amend Code Section 114-410, relating to two permanent injuries, so as to change the maximum amount of compensation which an

TUESDAY, FEBRUARY 3, 1970

343

employee who receives two permanent injuries may receive; and for other purposes.
Referred to Committee on Industry and Labor.

HB 1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of th& 68th, Felton and Horton of the 95th and others:
A bill to authorize Area Planning and Development Commissions toundertake certain activities to facilitate the development of housing, and in connection therewith, to authorize said Commissions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1227. By Messrs. Williams of the llth, Wilson of the 117th, Clarke of the 33rd, Brown of the 32nd and others:
A bill to amend an Act authorizing the use of radar speed detection devices by the various counties of this State, so as to prohibit the use of radar speed detection devices; and for other purposes.
Referred to Committee on Highways.

HB 1245. By Mr. Adams of the 100th:
A bill to amend an Act providing for issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as toprovide that such tags may be issued for pick-up trucks and station wagons; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1270. By Mr. Gunter of the 6th:
A bill to amend Code Chapter 38-7, relating to private writings as evidence so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; and for other purposes.
Referred to Committee on Judiciary.

HB 1239. By Mr. Funk of the 92nd:
A bill to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Thunderbolt in Chatham County, so as to change provisions relating to the filling of vacancies in the office of Mayor, Alderman, Treasurer and Clerk of Council; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1243. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the clerical assistance allowance of the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1246. By Mr. Moate of the 28th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; to prescribe the pleading and practice in said court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1250. By Mr. Peters of the 2nd:
A bill to amend an Act creating and establishing a new charter for the town of Ringgold, so as to change the power of the mayor's court to impose sentences; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1257. By Messrs. Pickard, Buck and Jones of the 84th, and others:
A bill to amend an amendment to the Constitution of the State of Georgia creating the Columbus & Muscogee County Building Commission, so that said Commission shall hereafter be known as the "Columbus & Muscogee County Building Authority"; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1258. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1259. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Coroner of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 3, 1970

345

HB 1260. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1261. By Mrs. Merritt and Mr. Parker of the 46th:
A bill placing the Clerk of the Superior Court of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1262. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1263. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act establishing the State Court of Macon County, so as to authorize the governing authority of Macon to fix the salary of the judge and the solicitor of said Court within a certain salary range; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1264. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Collector of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1272. By Mr. Shanahan of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court and Ordinary of Gordon County upon an annual salary; to change the compensation of the clerk and ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1273. By Mr. Shanahan of the 8th:
A bill to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to change the compensation of the sheriff and

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deputy sheriffs; to authorize the sheriff to appoint four deputies; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1283. By Mr. Phillips of the 50th:
A bill to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system of compensation, so as to change the compensation of the sheriff and his deputy, and to change his car allowance; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1291. By Mr. Jones of the 59th: A bill to be entitled an Act 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 change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1294. By Mr. Shanahan of the 8th: A bill to amend an Act 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.
Referred to Committee on County and Urban Affairs.
HB 1299. By Messrs. Keyton and Russell of the 70th: A bill to amend an Act creating a new charter for the City of Pavo, so as to provide for an increase in the limitation on the salaries of councilmen from $3.00 per month to $20.00 per month; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 560. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton of the 95th, and others: A resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 617. By Messrs. Brown and Melton of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the first Spalding County grand jury drawn in 1971, and

TUESDAY, FEBRUARY 3, 1970

347

each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 618. By Messrs. Brown and Melton of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 639. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A resolution proposing an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County, which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th and others:
A bill to amend an Act establishing the State Employees' Retirement System so as to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety; and for other purposes.
Referred to Committee on Retirement.

The following bills and resolutions of the Senate and House were read the second time:
SB 435. By Senator Broun of the 46th:
A bill to amend an Act known as the Retail Installment and Home Solicitation Sales Act, as amended so as to provide that the buyer shall have the right to cancel a home solicitation sale agreement until midnight of the third business day following the day on which the buyer signs the agreement; to repeal conflicting laws; and for other purposes.

SB 436. By Senator Webb of the llth:
A bill to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combating organized crime; to

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provide a realistic method by which organized crimes may be controlled, contained and reduced; and for other purposes.

SB 437. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A bill to amend an Act creating the Department of Commerce, so as to create within the Department of Industry and Trade a Division of State Parks; to repeal conflicting laws; and for other purposes.

SB 438. By Senators Spinks of the 9th, Miller of the 43rd, Fineher of the 54th and others:
A bill to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State; to repeal conflicting laws; and for other purposes.

SB 439. By Senators Hardy of the 56th, Chapman of the 32nd and Rowan of the 8th:
A bill to amend an Act known as the "Aid to Dependent Children Act", so as to change the definition of the term "Dependent Child"; to repeal conflicting laws; and for other purposes.

SR 245. By Senator Dean of the 6th:
A resolution proposing an amendment to the Constitution so as to change the method of selecting the legal organ of Wayne County; and for other purposes.
SR 248. By Senators Spinks of the 9th, Chapman of the 32nd, Fincher of the 54th and others:
A resolution proposing an amendment to the Constitution so as to create the Georgia Recreation Authority and to provide that the Georgia Recreation Authority shall succeed to and be vested with all the powers, authority, duties, rights, jurisdiction, and obligations of the Jekyll Island State Park Authority, the Stone Mountain Association, and the Lake Lanier Islands Development Authority; and for other purposes.
HB 498. By Messrs. Bennett of the 71st, Bostick of the 63rd, Lee of the 61st and others:
A bill to provide that the validity of a judgment rendered in any divorce proceeding may not be contested or challenged after three years from the rendition of the final judgment therein, except upon the grounds that the judgment complained of was procured as a result of fraud; and for other purposes.

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349

HB 767. By Mr. Rowland of the 42nd:
A bill to amend Code Section 53-107, relating to restraints of marriage so as to provide for the validity of antenuptial agreements; and for other purposes.

HB 1051. By Mr. Douglas of the 42nd:
A bill to amend Code Section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, so as to provide that certain reconveyances, in the event of prior death of a grantor, shall be valid and effective to vest title in heirs, personal representatives or successors in title of said deceased grantor as their interests may appear; and for other purposes.

HB 1062. By Mr. Alexander of the 108th:
A bill to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of decision; and for other purposes.

HB 1128. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles, so as to reduce the time within which payment of a judgment out of a security deposit may be made; and for other purposes.

HB 1139. By Mr. Toles of the 9th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Secretary of State shall be authorized to furnish, without cost, to the various public schools of this State, State flags; and for other purposes.

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd, Pinkston of the 81st, Snow of the 1st and others:
A bill to amend Code Section 114-101, relating to the definition of the term "Employer" and "Employee" for the purposes of Workmen's Compensation, so as to authorize planning commissions created pursuant to Section 1 of an Act relating to the creation of planning commissions by certain political subdivisions; and for other purposes.

HB 1216. By Messrs. Atherton of the 117th, Horton of the 95th, Smith of the 3rd and Chandler of the 34th:
A bill to amend Code Section 79A-402, relating to the qualifications of applicants for registration as a licensed pharmacist, so as to remove

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certain provisions relating to the type of practical experience required by an applicant; and for other purposes.

HR 55. By Mr. Joiner of the 35th: A resolution compensating Mr. Frank Flanders; and for other purposes.

HR 96. By Mr. Lowrey of the 9th: A resolution compensating Mr. Clarence Salmon; and for other purposes.

HR 537. By Mr. Wamble of the 69th:
A resolution compensating the Grady County Electric Membership Corporation ; and for other purposes.

HR 548. By Mr. Levitas of the 77th:
A resolution compensating Mr. Morris Benbenisty; and for other purposes.

HR 551. By Mr. Phillips of the 50th: A resolution compensating Mr. Willie Linder; and for other purposes.

HR 576. By Mr. Douglas of the 42nd: A resolution compensating Mr. Robert H. Lee; and for other purposes.

HR 577. By Mr. Peters of the 2nd:
A resolution compensating Mr. Aubrey M. Honeycutt; and for other purposes.

HR 585. By Mr. Davis of the 75th: A resolution compensating Mr. Joe B. Hogan; and for other purposes.

HR 591. By Mr. Potts of the 30th:
A resolution compensating Mr. James Elliott Kee; and for other purposes.

HR 592. By Mr. Jones of the 87th:
A resolution compensating Mr. Joe Alien Rahn, Jr.; and for other purposes.

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351

HR 593. By Mr. Dodson of the 82nd: A resolution compensating Dell D. Gledhill; and for other purposes.

HR 600. By Mr. Mauldin of the 12th: A resolution compensating Willie James Rucker; and for other purposes.

HR 605. By Messrs. Chandler and Harrington of the 34th:
A resolution compensating Mrs. Juanita W. Worsham; and for other purposes.

HR 606. By Messrs. Chandler and Harrington of the 34th: A resolution compensating Mrs. A. 0. Hodges; and for other purposes.

HR 623. By Messrs. Adams of the 100th, Rush of the 51st, Smith of the 39th, and others: A resolution designating the largemouth bass as the official State fish; and for other purposes.
The following reports of standing committees were read by the Secretary:

Senator Pennington of the 45th District, Chairman of the Committee on Agriculture & Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture & Natural Resources 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 294. Do pass. SB 313. Do pass by substitute. SB 392, Do pass. SB 432. Do pass. SB 433. Do pass. HB 1169. Do pass. HR 543. Do pass.
Respectfully submitted, Pennington of 45th District, Chairman.

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Senator Brown of the 47th District, Acting 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 resolution of the House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
HR 204. Do pass as amended. Respectfully submitted, Brown of 47th 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 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 265. Do pass by substitute. SB 370. Do pass as amended. SB 372. Do pass. SB 373. Do pass as amended. HB 1067. Do pass. HB 1161. Do pass. HR 276. Do pass.
Respectfully submitted, Smith of 18th District, Acting Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:

Mr. President:

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

SB 431. Do not pass.

Respectfully submitted,

Hensley of 33rd District, Chairman.

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353

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 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 360. Do pass as amended.
SR 238. Do pass as amended.
HB 1094. Do pass.
Respectfully submitted,
Smalley of 28th District,
Chairman.

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

SB 367. By Senator Kidd of the 25th:
A bill to increase the membership of the Board of Education of Baldwin County by two members; 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 401. By Senator Abney of the 53rd:
A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; 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 38, nays 0.

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

SB 402. By Senator Abney of the 53rd:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relating to the compensation of said Commissioner; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

SB 411. By Senator Rowan of the 8th:
A bill to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensation of the sheriff; 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.

HB 1165. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act creating and incorporating Peachtree City in Fayette County, so as to delete certain provisions relating to the police court of Peachtree City; and for other purposes.

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

TUESDAY, FEBRUARY 3, 1970

355

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1184. By Messrs. Melton and Brown of the 32nd:
A bill to reincorporate the City of Fayettville; to create a new charter for said city; to repeal specific 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.

HB 1185. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating a new charter for the City of Perry, so as to provide the procedures under which the compensation of the mayor and councilmen may be changed; and for other purposes.

The report 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 1187. By Messrs. Pickard and Jones of the 84th, Berry and Thompson of the 85th and others: A bill to provide for a board of elections in each county of this State having a population of more than 155,000 and less than 185,000, to define its powers and duties concerning primaries and elections; to pro^ vide a method of appointment, resignation and removal of its membrs; 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 1188. By Messrs. Nurni and Peterson of the 41st:
A bill creating a Board of Commissioners of Houston County, so as to provide a procedure whereby the compensation of the members of the Board of Commissioners may be changed; and for other purposes.

The report 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 1193. By Mr. Joiner of the 35th:
A bill to amend an Act creating the office of tax commissioner of Washington County, so as to change the compensation of the deputy tax commissioner and the assistants to the tax commissioner; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1213. By Mr. Collier of the 54th:
A bill to amend an Act placing the Sheriff of Lee County on a salary basis, so as to change the maximum amount which the Deputy Sheriff of Lee County shall be entitled to receive; 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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357

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1214. By Mr. Collier of the 54th: A bill to provide an annual salary for the sheriff of Terrell County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1215. By Mr. Collier of the 54th: A bill to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Lee County and providing in lieu thereof an annual salary, so as to change the method for determining the compensation of the Deputy Clerk of the Superior Court of Lee County; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1229. By Mr. Brooks of the 17th: A bill to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, so as to change the maximum compensation that may be paid to the Mayor and Councilmen of said city; 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 1236. By Mr. Dailey of the 53rd:
A bill to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the provisions relating to the salary and compensation and expenses of the Sheriff of Calhoun County; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

SB 395. By Senator Abney of the 53rd: A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, as amended, so as to change the provisions relative to the compensation, expenses and allowances of the Commissioner; to repeal conflicting laws; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend SB 395 by striking the figures "$8,400" where they appear in Section 1 on page 1, line 22 of said bill and substituting in lieu thereof the figures "$9,200".
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.

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359

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

HR 259. By Messrs. Mason and Nash of the 13th:
A resolution authorizing and directing the State Librarian to furnish certain law books to the District Attorney of Gwinnett County; and for other purposes.

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

On the adoption of the resolution, the ayes were 38, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The following resolutions of the Senate and House were read and adopted :
SR 256. By Senator Broun of the 46th: A resolution commending the Honorable Doug Sanders and the Doug Sanders Celebrity Show; and for other purposes.
HR 671. By Mr. Dickinson of the 118th: A resolution honoring Douglas County in this, its centennial year; and for other purposes.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 293. By Senators Dean of the 6th, Spinks of the 9th, Noble of the 19th and Kennedy of the 4th: A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to change the membership of the Tobacco Advisory Board; to repeal conflicting laws; and for other purposes.
The House substitute was as follows: An Act to amend an Act regulating the sale of flue-cured leaf
tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214),

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as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1242), so as to change the membership of the Tobacco Advisory Board; to pro-
vide that the Commissioner of Agriculture in selecting the new members of the Board shall strive to give the Board geographical balance; to
provide that all members of the Board shall be bona fide residents of the State of Georgia; to provide that the Commissioner of Agriculture shall send one legislative member and one farmer member of the Board to the meetings of the Board of Governors of the Bright Belt Warehouse Association; to provide that the Georgia Commissioner of Agriculture shall invite the Florida Commissioner of Agriculture and one member of the
Florida Tobacco Advisory Board to attend meetings of the Georgia Tobacco Advisory Board to submit evidence concerning the opening date of the tobacco selling season; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act regulating the sale of flue-cured leaf tobacco in this State, approved March 7, 1960 (Ga. Laws 1960, p. 214), as amended by an Act approved April 10, 1968 (Ga. Laws 1968, p. 1242), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8, to read as follows:

"Section 8. To aid in the administration of this Act, there is hereby created an Advisory Board to be composed of twelve (12) members. Three (3) members are to be members of the House of Representatives to be appointed by the Speaker of the House, and two (2) members are to be members of the Senate to be appointed by the President of the Senate. The members of the General Assembly shall be appointed from those members who are tobacco producers or in the absence of such producers in the General Assembly such members may be appointed from the members of the General Assembly who represent the flue-cured leaf tobacco producing counties and districts of this State. One (1) member shall be the Commissioner of Agriculture, ex officio, or his representative, who shall be Chairman of the Board. One (1) member shall be the President of the Georgia Farm Bureau Federation, or his representative. One (1) member shall be a member of the Georgia Flue-Cured Tobacco Warehousemen's Association to be appointed by the President of that Association. Four (4) members shall be flue-cured leaf tobacco farmers to be appointed by the Commissioner of Agriculture. The Commissioner in selecting the four (4) tobacco farmer members shall strive to give the Board geographical balance so that all fluecured tobacco producing areas of the State will be represented on the Board. All members of the Board shall be bona fide residents of the State of Georgia. The appointive members shall serve at the pleasure of the appointing officer. The members of the General Assembly shall receive the per diem and expense allowance provided for committee work of the General Assembly and such sums shall be paid from the funds appropriated for the operation of the General Assembly. The other appointive members of the Board shall be compensated in the amount of $15.00 per day for each day in attendance of the duties of the Board and shall be reimbursed for the necessary expenses incurred in the performance of his duties from the funds

TUESDAY, FEBRUARY 3, 1970

361

of the Department of Agriculture. The Commissioner shall be reimbursed for his expenses incurred in the performance of his duties. The members of the Board shall not receive the per diem provided for more than seven (7) days per year."
Section 2. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9, to read as follows:
"Section 9. The Board shall meet in June of each year, or upon the call of the Chairman, to survey the condition of the tobacco crop and recommend an opening date of the marketing season. The Chairman shall determine the time and place of the meeting. The Board shall recommend to the Commissioner a date for the opening of the tobacco marketing season. The Georgia Commissioner of Agriculture shall invite the Florida Commissioner of Agriculture and one member of the Florida Tobacco Advisory Board to attend meetings of the Georgia Tobacco Advisory Board to submit evidence as to the opening date best suited to meet the needs of the Florida flue-cured tobacco producers. The Commissioner shall cause two (2) members of the Tobacco Advisory Board to attend the meeting of the Board of Governors of the Bright Belt Warehouse Association to make known the recommendations as to the opening of the marketing season in Georgia. One (1) of these members shall be a legislative member and the other member a tobacco farmer member of the Board. The Commissioner shall determine and announce the opening date of the tobacco marketing season in this State. If any licensee shall hold a sale prior to the date determined by the Commissioner, the license of the licensee shall stand revoked and shall not be reinstated or reissued in the calendar year of the revocation. The revocation provided herein shall be in addition to the other penalties provided for the violation of this Act. It is the intent and purpose of this Section to provide a procedure for the fixing of the opening date of the tobacco marketing season and to place the final authority to fix said date in the Commissioner of Agriculture."
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Dean of the 6th moved that the Senate agree to the House substitute to SB 293.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House substitute to SB 293 was agreed to.

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

SB 405. By Senators Chapman of the 32nd and Reeder of the 55th:
A bill to amend an Act, relating to the destruction of records of the various state departments, so as to provide that the State Department

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of Public Health may in its discretion destroy fiscal records maintained to administer the Medical Assistance Program developed under Title
XIX of the Social Security Act; to repeal conflicting laws; and for other purposes.

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

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:

Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Dean Doss Garrard Gillis Hardy

Hensley Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Padgett Patton Plunkett Reeder

Reynolds Riley Rowan Scott Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Vann Ward Webb Young

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

On the passage of the bill, the ayes were 45, nays 0.

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

HB 1002. By Messrs. Davis of the 86th and Colwell of the 5th:
A bill to amend Code Sections 92-1403 and 92-1407 of the Georgia Code of 1933 relating to the taxation of motor fuel, so as to provide certain exemptions for motor fuel of a type other than gasoline used for nonhighway purposes; and for other purposes.

TUESDAY, FEBRUARY 3, 1970

363

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

On the passage of the bill, the ayes were 36, nays 5. The bill, having received the requisite constitutional majority, was passed.

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 Decennial 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 prohibitions of said sections; to provide that licenses for the sale of distilled spirits or alcoholic beverages by the drink for consumption only on the premises shall be subject to regulation by counties and cities as to Sunday sales; to repeal conflicting laws; and for other purposes.

Senator Gillis of the 20th moved that SB 288 be postponed until Wednesday, February 4.

On the motion, the ayes were 34, nays 0; the motion prevailed, and SB 288 was postponed until Wednesday, February 4.

SR 242. By Senator Broun of the 46th:
A resolution authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to the City of Athens; and for other purposes.

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

On the adoption of the resolution, Senator Broun of the 46th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman

Broun of 46th Brown of 47th Carter Chapman Cog-gin

Dean Doss Garrard Gillis Hardy

364
Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd McGill Miller

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Padgett Patton Plunkett Reeder
Reynolds Rowan Riley Scott Smith of 18th Smith of 34th

Starr Stephens Trippe Tysinger
Vann Webb Young Zipperer

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

On the adoption of the resolution, the ayes were 43, nays 0.

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

SR 203. By Senators Patton of the 40th, Webb of the llth, Tysinger of the 41st and others:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following paragraph:
"Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law. The General Assembly shall be authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired persons.

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365

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 authorize the General Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retire-
) ment system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose?"

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 following fiscal leter, as required by law, was read by the Secretary:
Department of Audits Atlanta
January 28,1970
MEMORANDUM
TO: Honorable Julian Webb, Chairman Senate Retirement Committee
FROM: E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer
RE: Fiscal Note Senate Resolution 203
This Constitutional Amendment would allow the General Assembly to expend funds for the purpose of paying increased benefits to those persons who have retired with any system.
There would be no way to write an effective fiscal note for this Constitutional Amendment until the specific laws to be enacted by the General Assembly

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JOURNAL OF THE SENATE,

were prepared which would indicate the amount of increases for each retiree and the members covered.

EBD/dd

E. B. Davis, State Auditor
W. C. Hawthorne, Deputy State Budget Officer

FISCAL NOTES TO THE SENATE RETIREMENT COMMITTEE
S.R. 203
This being a Constitutional amendment and future action by the General Assembly being permissive rather than mandatory, there would be no means of ascertaining the actuarial effect on this System until such time as the General Assembly sees fit to determine to what extent adjustments might be made on previously retired members. The contents of the proposed legislation at that time would enable a determination to be made.

The Employees' Retirement System has retirees who retired prior to 1957 and are without Social Security coverage. These retirees have suffered the most due to the spiraling inflation that this Nation's economy is experiencing and has experienced in the past.

There is another group of retirees who retired after 1957 and prior to April 1, 1967 who have Social Security coverage with their retirement, but under the present Constitution, the Retirement System is unable to allow them any cost of living adjustments on their retirement benefits. Although this group of retirees have Social Security coverage, they have still lost much of their purchasing power due to the rapid increase in the cost of living as a result of inflation over the past several years.

There was an amendment to the Employees' Retirement System Act in 1967 allowing cost of living adjustments to the retirees, but only to those who retired after the effective date of that amendment.

During each year this office is continually called by our retirees inquiring about a possible cost of living increase in their retirement benefits. During each session of the General Assembly, we have at least three to five calls per day from our retired people making the same inquiry.

The only method retirees prior to 1967 may receive relief from our inflated economy, is by a Constitutional amendment such as SR 203 initiates.

WFD:s

W. Frank DeLamar, Director Employees' Retirement System

TUESDAY, FEBRUARY 3, 1970

367

Senator Webb of the llth offered the following amendment:

Amend SR 203 by adding at the end of the provision of Section 1 the following sentence:

"The authority herein granted shall not be exercised in such a manner as to adversely affect the actuarial soundness of any such annuity and benefit fund, retirement or pension system."

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, was agreed to as amended.

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

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 Fincher of 54th Garrard Gillis Hardy Hensley

Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Padgett Patton Plunkett Reeder Reynolds Riley

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th S pinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

Voting in the negative was Senator Doss.

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

On the adoption of the resolution, the ayes were 51, nays 1.

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

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The following resolution of the Senate was read and adopted:

SR 257. By Senators Trippe of the 31st and Plunkett of the 30th:
A resolution expressing sympathy at the untimely passing of Stanley Slaughter; and for other purposes.

Senator Plunkett of the 30th moved that the following bill of the Senate be withdrawn from the Committee on Appropriations and recommitted to the Committee on Health and Welfare:

SB 404. 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 legally constituted fiscal or financial agent of the county 100% of the cost of all welfare benefits to patients in a nursing home within the county which is within the confines or under the jurisdiction of any State institution or State Department; and for other purposes.

On the motion to recommit, the ayes were 31, nays 0; the motion prevailed, and SB 404 was recommitted to the Committee on Health and Welfare.

The President introduced the Honorable McDowell Lee, Secretary of the Alabama State Senate, and the Honorable John Pemberton, Clerk of the Alabama State House of Representatives.
The following general resolution and bill of the Senate, favorably reported by the committee, were read the third time, and put upon their passage:
SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelopment work; to provide that the building, development, improvement, financing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and

TUESDAY, FEBRUARY 3, 1970

369

duties of said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XVI of the Constitution is hereby amended by striking said Article in its entirety and substituting in lieu thereof a new Article XVI to read as follows:

"Article XVI Redevelopment and Housing

Section I
Slum Clearance and Redevelopment
The General Assembly may provide by law that any county, municipal corporation, or any housing authority now or hereafter established may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the rehabilitation of structures within such areas for reuse, the acquisition of open land in undeveloped areas, and the sale or other disposition of such land and such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.

Section II
Housing
"Paragraph I. The building, development, improvement, financing, expansion and modernization of housing and housing facilities are hereby declared to be public purposes vital to the welfare of the people of this State. The General Assembly is hereby authorized to appropriate funds for such purposes. The General Assembly may create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes under such terms and conditions as the General Assembly may provide. The General Assembly may authorize said Authority to issue revenue obligations and revenue anticipation notes, and the indebtedness incurred thereby shall be general obligations of said Authority to be secured by the charges, fees and revenues of said Authority and by such other funds and assets as may be available to the Authority but shall not constitute an indebtedness of the State. The General Assembly may provide for the validation of any revenue obligations authorized by such Authority, and such validation thereafter shall be incontestable and conclusive. The General Assembly may provide the method and procedure for the issuance of revenue anticipation notes with a maturity date not to exceed 10 years without the necessity for validation proceedings. The General

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Assembly may authorize that revenue anticipation notes of the Authority may be renewed or refunded from time to time as the permanent members of the Authority may deem necessary. The obligations, properties, activities and income of said Authority shall be exempt from taxation.
"Paragraph II. Permanent membership of such Authority shall include the Governor, the Lieutenant Governor, the Speaker of the House, the Attorney General, and the State Budget Officer. Said permanent members shall be responsible for the issuance of all debt incurred hereunder and for the proper application of the proceeds of such debt to the purpose for which it is incurred. Said permanent members shall have such additional responsibilities, powers and duties with respect to the Authority as shall be provided by law. The General Assembly may provide for other members of such Authority, as well as for a Director, Assistant Director or Assistant Directors, and for employees, but no persons other than the five permanent members shall have any authority or responsibility for the issuance of debt and for the proper application of the proceeds thereof.

"Paragraph III. The General Assembly may provide that the Georgia Housing Finance Authority may, in order to carry out its purposes, (a) make rules and regulations; (b) set charges and fees to be paid and charged; (c) establish standards and classifications of housing; (d) purchase or acquire, or contract to purchase and acquire, promissory notes and other evidences of indebtedness or participations therein which are secured by deeds to secure debt, mortgages or other liens; (e) define and establish qualifications and standards for limited-profit or nonprofit borrower-sponsors of housing; (f) lend funds of the Authority to qualified borrowersponsors under such laws and under such supervision as may be established by the General Assembly and by the rules and regulations of the Authority; (g) secure the loans made by the Authority to qualified borrower-sponsors by taking promissory notes secured by deeds to secure debt or mortgages from such qualified borrowersponsors; (h) pledge or assign the promissory notes and deeds to secure debt or mortgages from such borrower-sponsors as security for revenue obligations or revenue anticipation notes, and further to pledge and assign the fees and income of the Authority as security for the Authority's debt; (i) make short-term loans to qualified borrower-sponsors for the limited purpose of meeting the preliminary costs and regulatory requirements of the Authority and the United States Government or other lenders or grantors which are necessary and preliminary to such borrower-sponsor's obtaining a grant or loan for the construction or improvement of housing; (j) pledge and assign the revenue of the Authority, its evidences of indebtedness, promissory notes and participations therein secured by deeds to secure debt, mortgages, or other liens as security for the revenue obligations and revenue anticipation notes; and (k) take such action as may be necessary to carry out such other program or programs which are consistent with its purposes.

"Paragraph IV. Notwithstanding any other provision of this Constitution, the General Assembly may provide by law that the

TUESDAY, FEBRUAEY 3, 1970

371

State or any county or municipality or any county and municipality, may exempt housing erected under the authority of this amendment from State and local ad valorem taxes for the period of time during which the Georgia Housing Finance Authority holds any evidence of indebtedness on said housing.

"Paragraph V. This amendment being necessary for the welfare of the citizens of the State, any law hereafter enacted by the General Assembly in furtherance hereof shall be liberally construed to effect the purposes hereof and insofar as any provision of this amendment or any such law may be inconsistent with any other provision of this Constitution or of any other law the provisions of this amendment and laws enacted in furtherance hereof shall be controlling."

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 authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelopment work; to provide that the building, development, improve-
) ment, financing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SR 228 by inserting in line 15 on page 3, after the word "House," the following words:
"the State Auditor, the State Treasurer"

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And by inserting in line 16 on page 3, after the word "General," the following words:

"Budget Analyst of the General Assembly"

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, was agreed to as amended.

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

Voting in the affirmative were Senators:

Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Doss Garrard Gillis Hardy Hensley Hill Holley

Hudgins Johnson Kennedy Kidd London McGill Miller Padgett Patton Plunkett Reeder Reynolds Riley Rowan Scott

Searcey Smalley Smith of 18th Smith of 34th S pinks Starr Stephens Trippe Tysinger
Vann Walling Ward Webb Young Zipperer

Voting in the negative were Senators :

Abney Adams of 26th

Dean Fincher, of 54th

Jackson Noble

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

On the adoption of the resolution, the ayes were 45, nays 6.

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

TUESDAY, FEBRUARY 3, 1970

373

SB 408. By Senators Gillis of the 20th, Holloway of the 12th, Abney of the 53rd and others:
A bill to amend an Act known as "The Welfare Reorganization Act of 1937", so as to provide that the State Department of Family and Children Services shall be under the control and supervision of the State Board of Family and Children Services; 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 an Act known as "The Welfare Reorganization Act of 1937", approved February 26, 1937 (Ga. Laws 1937, p. 355), as amended, particularly by an Act approved February 9, 1960 (Ga. Laws 1960, p. 85), and an Act approved March 22, 1963 (Ga. Laws 1963, p. 218), so as to provide that the State Department of Family and Children Services shall be under the control and supervision of the State Board of Family and Children Services; to provide that the Director of the State Department of Family and Children Services shall be the executive head and administrative officer of the State Department of Family and Children Services; to provide that the Board shall set the policies of the Department and promulgate rules and regulations relative to its operation; to change the per diem for members of the Board; to change the terms of members; to provide that appointment of members shall be subject to the confirmation of the Senate; to provide that the Board may delegate its powers to the Director of the Department; to provide for meetings of the Board; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act known as "The Welfare Reorganization Act of 1937", approved February 26,1937 (Ga. Laws 1937, p. 355), as amended, particularly by an Act approved February 9, 1960 (Ga. Laws 1960, p. 85), and an Act approved March 22, 1963 (Ga. Laws 1963, p. 218), is hereby amended by striking from Section 2 the first sentence which reads as follows:
"There is hereby created a State Department of Family and Children Services which shall be under the control, administration and supervision of the Director of the State Department of Family and Children Services.",
and inserting in lieu thereof a new first sentence to read as follows:
"There is hereby created a State Department of Family and Children Services which shall be under the control and supervision of the State Board of Family and Children Services.",

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so that when so amended Section 2 shall read as follows:
"Section 2. State Department of Family and Children Services. There is hereby created a State Department of Family and Children Services which shall be under the control and supervision of the State Board of Family and Children Services. The State Department of Family and Children Services is hereby declared to be an institution of the State of Georgia within the meaning of that term as it is used in Article VII, Section II, Paragraph I of the Constitution and is empowered and authorized to administer, expand and disburse funds appropriated to it and allocated to it by the General Assembly of Georgia and by the respective counties of the State and by the United States Government through its appropriate agencies and instrumentalities for the purpose of distributing old age benefits and all other benefits provided for in this law."
Section 2. Said Act is further amended by striking in its entirety Section 3 and substituting in lieu thereof the following:
"Section 3. State Board of Family and Children Services. There is hereby created a State Board of Family and Children Services which shall be composed of one member from each Congressional District of the State. The members of the Board shall be appointed by the Governor in the following manner: two members for a term of one year, two members for a term of two years, two members for a term of three years, two members for a term of four years, and two members for a term of five years. Thereafter, all appointments shall be for a term of five years and until their successors are duly appointed. Appointments to the Board shall be subject to the confirmation of the Senate. Vacancies on the Board shall be filled by appointment of the Governor for the unexpired term. All members shall be appointed by the Governor on the basis of recognized interest and knowledge of problems of public welfare. Members of the Board shall receive a per diem of thirty ($30.00) dollars for their attendance at Board meetings plus their actual traveling and subsistence expenses incurred in the performance of their official duties in attending said board meetings."

Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

"Section 4. Duties of the Board. The Board shall have control and supervision of the Department and shall set the policies for the operation of the Department. The Board shall promulgate such rules and regulations as it deems necessary and advisable to carry
out its policies and the provisions of this Act. The Board shall meet at least once each quarter or more often if necessary but to exceed 24 days each fiscal year."

Section 4. Said Act is further amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:

"Section 5. Director of the State Department of Family and Children Services. There is hereby created the office of Director of

TUESDAY, FEBRUARY 3, 1970

375-

the State Department of Family and Children Services and he shall
be the executive head and administrative officer of the Department. He shall perform the duties required of him by the policies and rules and regulations promulgated by the Board; and when delegated to him by the State Board of Family and Children Services, he shall perform, exercise and possess any or all of the duties, powers and authority of the State Board. Such delegation may be withdrawn by said Board at any regular or called session. He shall administer and supervise the Department and shall enforce the policies and rules and regulations of the Board. He shall be appointed by the Governor subject to the approval of the Board and his compensation shall be fixed by the Governor subject to the approval of the Board. The Director shall give bond for the faithful performance of his duties and for the faithful accounting of all the moneys coming into his hands as such Director. He is authorized to employ personnel to assist him in the performance of his duties
subject to applicable Merit System laws and rules and regulations."

Section 5. The provisions of this Act shall become effective on January 1, 1971, except for the provisions of Section 3, which shall become effective on January 15, 1971. The members of the Board of Family and Children Services serving as such on January 1, 1971, shall continue to serve until their successors shall be appointed as provided for in Section 3 of this Act.

Section 6. All laws and parts of laws in conflict with this Act ar& hereby repealed.

Senator Young of the 13th offered the following amendment to the Committee substitute.
Amend by striking Section 5 in its entirety and inserting in lieu thereof the following:
"Section 5. The effective date of this Act shall be April 1, 1970."

On the adoption of the amendment, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.
A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 26th Andrews Bateman Brown of 47th Carter

Coggin Cox Dean Doss Fincher of 54th Gillis

Hardy Hensley Holley Holloway Hudgins Jackson

376
Kennedy Kidd London McGill Miller Noble Padgett Fatten

JOURNAL OF THE SENATE,

Reeder Reynolds
Riley Rowan
Searcey Smalley Smith of 18th Smith of 34th

Spinks Tysinger Vann Walling Webb Young Zipperer

Those voting in the negative were Senators:

Broun of 46th Chapman
Garrard Hill

Johnson Plunkett
Scott Starr

Stephens Trippe Ward

On the adoption of the amendment, the ayes were 41, nays 11, and the amendment to the Committee substitute was adopted.

Senator Webb of the llth offered the following amendment to the Committee substitute:
Amend by adding at the end of Section 3 the following:
"The first meeting of the Board shall be called by the Governor, at which meeting the Board shall elect its Chairman and such other officers as the Board may by its rules and regulations determine desirable."

On the adoption of the amendment, the ayes were 47, nays 1, and the amendment to the Committee substitute was adopted.

Senators Bateman of the 27th and Holley of the 22nd offered the following amendment to the Committee substitutte:
Amend by striking the word "two" where it first appears in line 9 of page 3 and inserting in lieu thereof the word "six", by striking the word "two" where it last appears in line 9 and inserting in lieu thereof the word "one"; by striking the word "two" in line 10 and inserting in lieu thereof the word "one"; by striking the word "two" in line 11 and inserting in lieu thereof the word "one"; and by striking the word "two" where it appears in line 12 and inserting in lieu thereof the word "one".
On the adoption of the amendment, the ayes were 39, nays 4, and the amendment to the Committee substitute was adopted.

TUESDAY, FEBRUARY 3, 1970

377

Senator Johnson of the 38th offered the following amendment to the Committee substitute:

Amend by deleting lines 28 and 29, page 4 in their entirety and by deleting the following words on line 30: "subject to the approval of the Board." and inserting in lieu thereof the following:

"the Governor subject to confirmation by the Senate and approval of the Board. However, the Director shall serve as Director
when confirmed by the Senate, notwithstanding the action of the Board; and his compensation shall be fixed by the Governor, subject to the approval of the Board."

On the adoption of the amendment, the ayes were 25, nays 16, and the amendment to the Committee substitute was adopted.

On the adoption of the substitute, the ayes were 46, nays 6, and the substitute was adopted as amended.

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

On the passage of the bill, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Pincher of 54th Garrard Gillis Hardy

Hensley Holley Holloway Jackson Kennedy Kidd London McGill Miller Noble Padgett Patton Plunkett Reeder Reynolds

Riley Rowan Scott Searcey Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Webb Young Zipperer

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JOURNAL OP THE SENATE,

Those voting in the negative were Senators:

Chapman Hill

Hudgins Johnson

Walling Ward

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

On the passage of the bill, the ayes were 46, nays 6.

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

Senator Holloway of the 12th moved that the Senate do now adjourn until 10:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:00 o'clock A. tomorrow.

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379

Senate Chamber, Atlanta, Georgia, Wednesday, February 4, 1970.

The Senate met pursuant to adjournment at 10:00 o'clock A. M. today, and was called to order by the President.

Senator Young of the 13th 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 Bateman of the 27th 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. Timothy Harden, Jr.

Senator Rowan of the 8th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Reverend Dan Hodges, pastor, First Baptist Church, Perry, Georgia.

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 resolutions of the House, to-wit:

HB 1306. By Mr. Peters of the 2nd:
A bill to amend an Act protecting the public health by providing for premarital examinations for syphilis, so as to provide that in counties with populations of not less than 21,000 nor more than 21,900, such premarital examinations shall be conducted only by designated employees of the county health department; and for other purposes.

HB 1310. By Mr. Douglas 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.

HB 1311. By Messrs. Rush and Salem of the 51st:
A bill to change the terms of the Superior Court of Long County; and for other purposes.

HB 1315. 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 manner in which members of the Board are elected; and for other purposes.

HB 1316. By Mr. Sorrells of the 24th:
A bill to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, so as to change the compensation of the coroner; and for other purposes.

HB 1317. By Mr. Sorrells of the 24th:
A bill to amend an Act incorporating the City of Loganville, so as to provide that the salary of the mayor shall not exceed $1,200 per year; and for other purposes.

HB 1330. By Mr. Moore of the 6th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to delete therefrom the requirements that one of the members of the board be selected as clerk; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

381

HB 1331. By Mr. Moore of the 6th:
A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.

HB 1332. By Mr. Moore of the 6th:
A bill to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, commissions and other compensation be paid to the Board of Commissioners of Stephens County; and for other purposes.

HB 1333. By Mr. Moore of the 6th:
A bill to abolish the present mode of compensating the ordinary of Stephens County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.

HB 1334. By Mr. Moore of the 6th:
A bill to provide for the election of members of the Stephens County Board of Education; and for other purposes.

HB 1344. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of compensation, so as to change the floors and ceilings on the compensation of the chief deputy, deputies, chief jailer and other jailers; and for other purposes.

HB 1347. 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 salary of each of the deputy sheriffs of Haralson County; and for other purposes.

HB 1362. By Messrs. Barfield, Bennett and Reaves of the 71st: A bill to fix the terms of the Superior Court of Lowndes County; and for other purposes.
HR 651. By Messrs. Wood, Williams and Cooper of the llth: A resolution proposing an amendment to the Constitution, so as to empower the Board of Commissioners of Hall County, for regulatory and revenue purposes to assess and collect license fees, occupational taxes

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JOURNAL OF THE SENATE,

and amusement taxes against any person, firm or corporation; and for other purposes.

HR 665. By Mr. Ballard of the 23rd:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of said ordinances; and for other purposes.

HB 1063. By Mr. Alexander of the 108th:
A bill to provide that when a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail has been set at a higher amount at the preliminary or commitment hearing; and for other purposes.

HB 1141. By Messrs. Carnes of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth and Rainey of the 47th:
A bill to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to become members of said fund for the purpose of receiving pension benefits only; and for other purposes.

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office and appointment of one Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; and for other purposes.

HB 1271. By Mr. Gunter of the 6th:
A bill to amend Code Section 27-903, relating to the number of times bail may be permitted for the same offense, so as to provide that the first bail shall be permitted as a matter of right and that subsequent bails shall be at the discretion of the Court; and for other purposes.

HB 1326. By Messrs. Moore of the 6th and McClatchey of the 113th:
A bill to authorize and direct county boards of education and county school superintendents to accept, adopt and withhold salary deductions

WEDNESDAY, FEBRUARY 4, 1970

383

for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; and for other purposes.

HR 521. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th, Black of the 45th and others:
A resolution providing for the designation of the Columbus-Blakely route as "The Chattahooehee Trail"; and for other purposes.

HR 535. By Mr. Vaughn of the 74th:
A resolution recreating the Joint Highway Laws Interim Study Committee; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others:
A bill to amend an Act creating the offices of State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 357. By Senator Hensley of the 33rd:
A bill to amend an Act creating the office of State Highway Board, Chairman, State Highway Board, and Treasurer of the State Highway Department; so as to recreate the Office of the Treasurer of the State Highway Department; to provide for his appointment; and for other purposes.

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

HB 1189. By Messrs. Jones of the 84th, and Williams of the llth:
A bill to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State; and for other purposes.

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JOURNAL OF THE SENATE,

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

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, 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 Appeals; to provide effective dates; to repeal conflicting laws; and for other purposes.

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

SB 449. By Senator McGill of the 24th:
A bill to amend an Act creating a Small Claims Court for Wilkes County, so as to enlarge the jurisdiction of said Court; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 450. By Senator London of the 50th:
A bill to amend an Act abolishing the office of county treasurer of Fannin County, Georgia; so as to provide for the payment of compensation to the County Depository of Fannin County for the performance of the duties imposed upon it by the provisions of said Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 451. By Senator Eldridge of the 7th:
A bill to amend Code Section 109A-9-307, relating to the protection of buyers of goods, as amended, so as to provide that a tobacco warehouse commission merchant, who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 452. By Senator Kidd of the 25th:
A bill to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the

WEDNESDAY, FEBRUARY 4, 1970

385

bond of the employment agencies; to repeal conflicting laws; and for other purposes.

Senator Kidd of the 25th moved that SB 452 be engrossed.

On the motion to engross, the ayes were 30, nays 0; the motion prevailed, and SB 452 was engrossed.
Referred to Committee on Industry and Labor.

SB 453. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 454. By Senators Chapman of the 32nd and Hensley of the 33rd: A bill to establish standards to determine what materials are harmful to minors; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1063. By Mr. Alexander of the 108th:
A bill to provide that when a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail has been set at a higher amount at the preliminary or commitment hearing; and for other purposes.
Referred to Committee on Judiciary.

HB 1141. By Messrs. Games of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth and Rainey of the 47th:
A bill to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to become members of said

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JOURNAL OF THE SENATE,

fund for the purpose of receiving pension benefits only; and for other purposes.
Referred to Committee on Retirement.

HB 1189. By Messrs. Jones of the 84th and Williams of the llth:
A bill to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, so as to delete therefrom the restriction on the use of certain wheels which have wooden or metal cleats, spikes, corrugations or other irregularities; and for other purposes.
Referred to Committee on Highways.

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A bill creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office of one Deputy State Revenue Commissioner; to provide for the qualifications; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1271. By Mr. Gunter of the 6th:
A bill to amend Code Section 27-903, relating to the number of times bail may be permitted for the same offense, so as to provide that the first bail shall be permitted as a matter of right and that subsequent bails shall be at the discretion of the Court; and for other purposes.
Referred to Committee on Judiciary.

HB 1326. By Messrs. Moore of the 6th and McClatchey of the 113th:
A bill to authorize and direct county boards of education and county school superintendents to accept, adopt and withhold salary deductions for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; and for other purposes.
Referred to Committee on Educational Matters.

HB 1306. By Mr. Peters of the 2nd:
A bill to amend an Act protecting the public health by providing for premarital examinations for syphilis, so as to provide that in counties with populations of not less than 21,000 nor more than 21,900, such premarital examinations shall be conducted only by designated employees of the county health department; and for other purposes.
Referred to Committee on County and Urban Affairs.

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387

HB 1310. By Mr. Douglas 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.
Referred to Committee on County and Urban Affairs.

HB 1311. By Messrs. Rush and Salem of the 51st:
A bill to change the terms of the Superior Court of Long County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1315. By Mr. Sorrells of the 24th:
A bill to amend an Act creating a Board of Commissioners of Waltoh County, so as to change the manner in which members of the Board are elected; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1316. By Mr. Sorrells of the 24th:
A bill to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, so as to change the compensation of the coroner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1317. By Mr. Sorrells of the 24th:

,

A bill to amend an Act incorporating the City of Loganville, so as to provide that the salary of the mayor shall not exceed $1,200 per year; and for other purposes.

Referred to Committee on County and Urban Affairs.

HB 1330. By Mr. Moore of the 6th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to delete therefrom the requirement that one of the members of the board be selected as clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1331. By Mr. Moore of the 6th:
A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1332. By Mr. Moore of the 6th:
A bill to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, commissions and other compensation be paid to the Board of Commissioners of Stephens County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1333. By Mr. Moore of the 6th:
A bill to abolish the present mode of compensating the ordinary of Stephens County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1334. By Mr. Moore of the 6th:
A bill to provide for the election of members of the Stephens County Board of Education; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1344. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of compensation, so as to change the floors and ceiling on the compensation of the chief deputy, and other jailers; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1347. 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 salary of each of the deputy sheriffs of Haralson County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1362. By Messrs. Barfield, Bennett and Reaves of the 71st:
A bill to fix the terms of the Superior Court of Lowndes County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 521. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th, Black of the 45th and others:
A resolution providing for the designation of the Columbus-Blakely route as "The Chattahoochee Trail"; and for other purposes.
Referred to Committee on County and Urban Affairs.

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389

HR 535. By Mr. Vaughn of the 74th:
A resolution recreating the Joint Highway Laws Interim Study Committee; and for other purposes.
Referred to Committee on Highways.

HR 651. By Messrs. Wood, Williams, and Cooper of the llth:
A resolution proposing an amendment to the Constitution, so as to empower the Board of Commissioners of Hall County, for regulatory and revenue purposes to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 665. By Mr. Ballard of the 23rd:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of said ordinances; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 440. By Senators Hudgins of the 15th, Dean of the 6th, Young of the 13th and others:
A bill to provide that no vehicles shall be allowed to be parked upon that portion of any public street which abuts upon that tract of land upon which the State Capitol is situated; to repeal conflicting laws; and for other purposes.

SB 441. By Senators Carter of the 14th, Hudgins of the 15th, Young of the 13th and others:
A bill to amend Code Section 57-112, relating to persons exempj from jury duty, as amended, so as to provide that any elected official may request an exemption from jury duty; to repeal conflicting laws; and for other purposes.

SB 442. By Senators Kidd of the 25th and Holley of the 22nd:
A bill to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; to require that all hypodermic

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JOURNAL OF THE SENATE,

syringes and hypodermic needles be destroyed when no longer in use for authorized medical purposes; to define terms; to provide penalties; to repeal conflicting laws; and for other purposes.

SB 443. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", as amended, so as to change the qualifications of the Adjutant General; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A bill to create the South Fulton Coliseum Authority; to repeal conflicting laws; and for other purposes.

SB 445. By Senator Searcey of the 2nd:

A bill to amend an Act known as the "Georgia Retailers' and Con-

;

sumers' Sales and Use Tax Act", as amended, so as to repeal the

'-

provisions exempting sales to State banks from the taxes imposed

by said Act where it is determined that National banks enjoy an im-

munity from such taxes; to repeal conflicting laws; and for other

purposes.

SB 446. By Senators Coggin of the 35th and Riley of the 1st:
A bill to amend Code Section 26-2306, relating to the prohibitions against certain officers and employees of State and local governments, so as to provide the procedures under which certain sales by such officers shall be permitted; to repeal conflicting laws; and for other purposes.

> SB 447. By Senator Stephens of the 36th:

;

A bill to authorize any law enforcement official to seize, without a

warrant, any conveyance used in handling, transporting, carrying or

holding stolen goods; to define terms; to repeal conflicting laws; and

for other purposes.

SB 448. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

HB 746. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of

WEDNESDAY, FEBRUARY 4, 1970

391

such license tags for pickup trucks and station wagons; and for other purposes.

HB 847. By Messrs. Hargrett of the 58th and Battle of the 90th:
A bill to amend Code Section 114-410, relating to two permanent injuries, so as to change the maximum amount of compensation which an employee who receives two permanent injuries may receive; and for other purposes.

HB 1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th and others:
A bill to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development of housing, and in connection therewith, to authorize said Commissions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; and for other purposes.

HB 1227. By Messrs. Williams of the llth, Wilson of the 117th, Clarke of the 33rd, Brown of the 32nd and others:
A bill to amend an Act authorizing the use of radar speed detection devices by the various counties of this State, so as to prohibit the use of radar speed detection devices; and for other purposes.

HB 1245. By Mr. Adams of the 100th:
A bill to amend an Act providing for issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide that such tags may be issued for pick-up trucks and station wagons; and for other purposes.

HB 1270. By Mr. Gunter of the 6th:
A bill to amend Code Chapter 38-7, relating to private writings as evidence so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil cases; and for other purposes.

HB 1239. By Mr. Funk of the 92nd:
A bill to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Thunderbolt in Chatham County, so as to change provisions relating to the filling of vacancies in the office of Mayor, Alderman, Treasurer and Clerk of Council; and for other purposes.

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JOURNAL OP THE SENATE,

HB 1243. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the clerical assistance allowance of the tax commissioner; and for other purposes.

HB 1246. By Mr. Moate of the 28th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; to prescribe the pleading and practice in said court; and for other purposes.

HB 1250. By Mr. Peters of the 2nd:
A bill to amend an Act creating and establishing a new charter for the town of Ringgold, so as to change the power of the mayor's court to impose sentences; and for other purposes.

HB 1257. By Messrs. Pickard, Buck and Jones of the 84th, and others:
A bill to amend an amendment to the Constitution of the State of Georgia creating the Columbus & Muscogee County Building Commission, so that said Commission shall hereafter be known as the "Columbus & Muscogee County Building Authority"; and for other purposes.

HB 1258. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1259. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Coroner of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1260. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1261. By Mrs. Merritt and Mr. Parker of the 46th:
A bill placing the Clerk of the Superior Court of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

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393

HB 1262. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1263. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act establishing the State Court of Macon County, so as to authorize the governing authority of Macon County to fix the salary of the judge and the solicitor of said Court within a certain salary range; and for other purposes.

HB 1264. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Collector of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

HB 1272. By Mr. Shanahan of the 8th:
A bill to amend an Act placing the Clerk of the Superior Court and ordinary of Gordon County upon an annual salary; to change the compensation of the clerk and ordinary; and for other purposes.

HB 1273. By Mr. Shanahan of the 8th:
A bill to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriffs; to authorize the sheriff to appoint four deputies; and for other purposes.

HB 1283. By Mr. Phillips of the 50th:
A bill to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system of compensation, so as to change the compensation of the sheriff and his deputy, and to change his car allowance; and for other purposes.

HB 1291. By Mr. Jones of the 59th:
A bill to be entitled an Act 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 change the compensation of the sheriff; and for other purposes.

HB 1294. By Mr. Shanahan of the 8th:
A bill to amend an Act 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.

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JOURNAL OF THE SENATE,

HB 1299. By Messrs. Keyton and Russell of the 70th:
A bill to amend an Act creating a new charter for the City of Pavo, so as to provide for an increase in the limitation on the salaries of councilmen from $3.00 per month to $20.00 per month; and for other purposes.

HR 560. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton of the 95th, and others:
A resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.

HR 617. By Messrs. Brown and Melton of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.

HR 618. By Messrs. Brown and Melton of the 32nd:
A resolution proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.

HR 639. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A resolution proposing an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County, which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point; and for other purposes.

HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th and others:
A bill to amend an Act establishing the State Employees' Retirement System so as to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety; and for other purposes.

SR 254. By Senator Coggin of the 35th:
A resolution creating the Legislative Building Study Committee; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

395

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 following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 55. Do pass. HR 96. Do pass. HR 537. Do pass. HR 548. Do pass. HR 551. Do pass. HR 576. Do pass. HR 577. Do pass. HR 585. Do pass. HR 591. Do pass. HR 592. Do pass. HR 593. Do pass.
Respectfully submitted, Plunkett of 30th 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 following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 600. Do pass. HR 605. Do pass. HR 606. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.

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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 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 364. Do pass. SB 425. Do pass. HB 28. Do pass as amended.
Respectfully submitted, Plunkett of 30th 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 recommendations :
SR 235. Do pass. SB 353. Do pass. SB 430. Do not pass. HR 544. Do pass. HR 545. Do pass. HB 626. Do pass. HB 864. Do pass by substitute. HB 1047. Do pass. HB 1101. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Brown of the 47th District, Acting Chairman of the Committee on County and Urban Affairs, submitted the following report:

WEDNESDAY, FEBRUARY 4, 1970

397

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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 427. Do pass. SB 428. Do pass. SB 444. Do pass. HB 1041. Do pass as amended. HB 1123. Do pass by substitute. HB 1126. Do pass. HB 1168. Do pass as amended. HB 1239. Do pass. HB 1257. Do pass. HB 1283. Do pass. HB 1299. Do pass. SR 245. Do pass. HR 618. Do pass. HR 639. Do pass.
Respectfully submitted,
Brown of 47th District,
Acting Chairman.

Senator Andrews of the 49th District, Chairman of the Committee on Educational Blatters, 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 412. Do pass. HB 1134. Do pass.

Respectfully submitted,

Andrews of 49th District,

Chairman.

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JOURNAL OF THE SENATE,

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:

Mr. President:

Your Committee on Highways has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 406. Do pass. Respectfully submitted,
Hensley of 33rd 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 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 244. 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 resolutions of the Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
SR 199. Do pass. SR 202. Do pass by substitute. SR 254. Do pass by substitute. SR 255. Do pass.
Respectfully submitted, Smith of 18th District, Vice Chairman.

WEDNESDAY, FEBRUARY 4, 1970

399

At the direction of the President, Senator Webb of the llth assumed the Chair.

The following resolutions of the Senate were read and adopted:

SR 258. By Senator Abney of the 53rd:
A resolution expressing regret at the passing of Mrs. Rachel Waters McConnell; and for other purposes.

SR 260. By Senator Andrews of the 49th:
A resolution commending the Georgia School Pood Service Program, the Georgia Federation of Women's Clubs,'and Radio Station WSB; and for other purposes.

The following general resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HR 543. By Messrs. Knapp, Pinkston, Keen, Scarborough and Evans of the 81st and others:
A resolution authorizing the Georgia Forest Research Council to execute a long-term lease with the Southeastern Forest Experiment Station, Forest Service, U. S. Department of Agriculture, for a certain tract of land located in Bibb County; and for other purposes.

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

On the adoption of the resolution, the ayes were 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 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

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JOURNAL OF THE SENATE,

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 House amendment was as follows:
Amend SB 26 by striking from Section 1 the quoted new Section 1 and substituting a new quoted Section 1 to read as follows:
"Section 1. 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 $32,500.00."
and
Striking from Section 2 the quoted new Section 2 and substituting a new quoted Section 2 to read as follows:
"Section 2. 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 $32,500.00."

Senator Jackson of the 16th moved that the Senate agree to the House amendment to SB 26.

On the motion, the ayes were 29, nays 7; the motion prevailed, and the House amendment to SB 26 was agreed to.

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

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:
A BILL
To be entitled an Act to provide the procedures under which State surplus personal property may be transferred to State institutions, public and nonprofit approved schools and colleges, public and nonprofit ap-

WEDNESDAY, FEBRUARY 4, 1970

401

proved hospitals and health centers, and approved civil defense organizations; to provide the rules and regulations including the procedures for the transfer of such property; to provide the procedures for requesting surplus property; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. It shall be the duty of the Supervisor of Purchases to make available to the State Agency for Surplus Property in the Department of Education (hereinafter referred to as the State Agency for Surplus Property) a list of State personal property still available after the property reported in accordance with terms of an Act providing the procedures under which surplus State property shall be disposed of, approved April 8, 1968 (Ga. Laws 1968, p. 1148), has been offered for transfer to other State Departments. The chief of the State Agency for Surplus Property shall, within fifteen (15) days after having been notified that certain property has been declared available, have an authorized representative of the State Agency for Surplus Property inspect the surplus property to determine whether or not it can be used by a State institution, public or nonprofit approved school or college, public or nonprofit approved hospital or health center, or an approved civil defense organization. Property determined to be useful by a State institution, public or nonprofit approved school or college, public or nonprofit approved hospital or health center, or an approved civil defense organization shall be requested by the State Agency for Surplus Property and transferred to a State Agency for Surplus Property Distribution Center. A list of the property determined to be neither useful nor needed shall be returned by the State Agency for Surplus Property immediately after the inspection to the State Purchasing Department for other disposition or sale of the property.
Section 2. Surplus property brought into the distribution centers of the State Agency for Surplus Property shall be made available to eligible State institutions, public or nonprofit approved schools and colleges, public or nonprofit approved hospitals and health centers and approved civil defense organizations on a "first come, first served" basis without reimbursement except for the costs involved in acquiring and warehousing the property. The chief of the State Agency for Surplus Property shall have the authority to assess a transfer fee to cover operating costs on all property transferred under the provisions of this Act.

Section 3. The chief of the State Agency for Surplus Property is hereby authorized to prepare rules and regulations to effectuate the purpose of this Act for approval by the State Board of Education. Procedures and rules for determining eligibility to acquire property, to assess transfer fees to cover costs, to provide for disposition of property selected but not transferred and other procedures and rules necessary for the successful transfer of property in accordance with this Act shall be included or added as necessary.

Section 4. The chief of the State Agency for Surplus Property shall adequately publicize the procedures for acquiring surplus prop-

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JOURNAL OF THE SENATE,

erty. The various agencies eligible to receive surplus property shall submit written requests to the chief of the State Agency for Surplus Property listing any property which they may need, and the chief of the State Agency for Surplus Property shall maintain a master list of such requests and notify any such agency when such property becomes available. If the requesting agency does not initiate the necessary requisitions to obtain such surplus property within fifteen days after being notified that it is available, such surplus property shall be reoffered to other State agencies.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the Chair 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 Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Hardy

Hensley
Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Padgett Patton Pennington Plunkett Reeder

Reynolds
Riley Rowan Scott Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Vann Webb Young Zipperer

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

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 39, nays 0.

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403

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

The President resumed the Chair.

HB 1067. By Mr. Jordan of the 55th:
A bill to require that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, such credit to be applied toward the defendant's sentence, and to be considered by parole authorities; and for other purposes.

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

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

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

HB 1094. By Messrs. Gignilliat of the 89th, Battle of the 90th, Jones of the 87th and others: A bill to provide for the payment to the District Attorney of the Eastern Judicial Circuit a supplement to the salary and allowances received by the District Attorney from 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 34, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1161. By Mr. Jones of the 59th: A bill to amend an Act placing the district attorneys of the Superior Courts of this State on an annual salary, so as to provide that any district attorney who is presently compensated on a fee basis or is being paid a salary by counties comprising his judicial circuit may elect to come under the annual salary provisions of this Act; and for other purposes.

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

On the passage of the bill, the ayes were 37, nays 1.

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

SB 392. By Senators McGill of the 24th and Miller of the 43rd:
A bill to amend an Act providing for the regulation of the sale of livestock at auction, so as to change the bond requirements of livestock dealers; 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 34, nays 0.

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

SB 294. By Senator Vann of the 10th:
A bill to provide that the produce of any tree or plant remains the property of the owner or lessee of the land upon which the tree or plant is located; to provide that the produce of a tree located upon the right-of-way of any public road shall belong to the owner of the property located in closest proximity to the tree; to provide that it shall constitute a violation of Code Section 26-1802; to repeal conflicting laws; and for other purposes.

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

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

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

SB 360. By Senator Vann of the 10th:
A bill to amend Code Section 59-201, relating to the qualifications of grand jurors and the inability of certain public officers to serve as

WEDNESDAY, FEBRUARY 4, 1970

405

such, as amended, so as to provide that justices of the peace and notaries public ex officio justices of the peace shall not be eligible to serve as grand jurors; to repeal conflicting laws; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend SB 360 by striking in Section 1, after the phrase "59-201. Qualifications of grand jurors;" the word "incompetency" and inserting the word "ineligibility" to read as follows:
"59-201. Qualifications of grand jurors; ineligibility of certain public officers to serve. "
By striking in Section 1, page 2, line 2, after the phrase, "and county treasurers shall be" the word "incompetent" and substituting in its place the word "ineligible" to read as follows:
"and county treasurers shall be ineligible to serve as grand jurors during their respective terms of office."

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

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

On the passage of the bill, the ayes were 34, nays 1.

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

SB 370. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and Garrard of the 37th:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that the Supervisor shall adopt and promulgate rules and regulations governing the distribution of purchases requests throughout the fiscal year; to repeal conflicting laws; and for other purposes.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:

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Amend SB 370 by inserting in line 21 the following, after the phrase "and 10% for the last quarter.":

"These percentages may be varied provided they are approved by the Fiscal Affairs Sub-committee of the House and Senate."

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 33, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hensley of the 33rd moved that the following bill of the Senate be withdrawn from consideration of the Senate:

:SB 391. By Senators Hensley of the 33rd, Smith of the 34th, Adams of the 26th and others:
A bill to create a Department of Highways and Transportation for the purpose of providing adequate, safe, efficient transportation facilities and services at reasonable cost, and for the planning and development of such facilities and services; to repeal conflicting laws; and for other purposes.

On the motion, the ayes were 33, nays 0, and the motion prevailed.

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

SB 372. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and Garrard of the 37th:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 4, 1970

407

Senator Broun of the 46th offered the following amendment:

Amend SB 372 by deleting the quoted matter in Paragraph (d) of Section one in its entirety, and inserting in lieu thereof the following:
"(d) The Supervisor of Purchases is hereby authorized to permit departments, institutions and agencies of State Government to purchase supplies, material and equipment on confirmation if these individual purchases do not exceed $100.00, and if these supplies, material and equipment are not under contract or purchased on a continuing basis.
The Supervisor of Purchases may regulate the dollar limit of these individual purchases by official memorandum at any amount not to exceed $100.00.
The Supervisor of Purchases shall promulgate the rules and regulations necessary to carry out the intent of this sub-section. Nothing in this sub-section shall apply to or affect the Laws,. Rules and Regulations governing emergency purchases."

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 33, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
SB 373. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and Garrard of the 37th: A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that, if possible, the Supervisor of Purchases shall arrange to purchase certain supplies on an annual contract basis; to repeal conflicting laws; and for other purposes.
The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend SB 373 by deleting the word "possible" in line 17, page 1 and line 3, page 2 and inserting in lieu thereof the word "practical".

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JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 36, nays 0, and the amendment was adopted.

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

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

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

The following bill of the Senate, favorably reported by the committee and having been read the third time on Tuesday, February 3, and postponed, was put upon its passage:

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", by amending Section 14 and Section 28; and for other purposes.

Senator Searcey of the 2nd offered the following amendment:
Amend SB 288 by inserting in the third line of the first paragraph of quoted Section 28 of Section 2 between the word "midnight" and the word "on" the following:
"on Saturday night, until the hour of 12:00 o'clock midnight,".

On the adoption of the amendment, Senator Reeder of the 55th called for the ayes and nays, and the call was not sustained.

On the adoption of the amendment, the ayes were 33, nays 12, and the amendment was adopted.

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

On the passage of the bill, Senator Reeder of the 55th called for the ayes and nays, and the call was sustained.

WEDNESDAY, FEBRUARY 4, 1970

409

Those voting in the affirmative were Senators:

Adams of 5th Andrews Broun of 46th Coggin Eldridge Fincher of 61st Garrard Hardy Holley

Holloway
Hudgins Johnson
Kidd London Padgett Patton Pennington Riley

Searcey Smith of 18th Stephens Vann Walling Ward Zipperer

Those voting in the negative were Senators:

Abney Adams of 26th Bateman Brown of 47th Carter Chapman Cox Dean Doss Gillis

Hensley Hill Jackson Kennedy McGill Miller Noble Plunkett Reeder Reynolds

Rowan Scott Smalley Smith of 34th Spinks Starr Trippe Tysinger Webb Young

The call of the roll was verified.
On the passage of the bill, the ayes were 25, nays 30.
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 288.
The following local, uncontested resolutions of the House, favorably reported by the committee, were read the third time, and put upon their passage:

HR 584: By Messrs. Potts, Blalock, Mullinax and Ware of the 30th:
A RESOLUTION
Proposing an amendment to Article VII, Section VII, Paragraph 1 of the Constitution so as to authorize Coweta County to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance of its general obligation water and sewerage bonds in an amount not to exceed seven per centum (7%) of all property within said county subject to taxation for bond purposes, which

410

JOURNAL OF THE SENATE,

debt limitation shall be in addition to and separate and distinct from the seven per centum (7%) debt limitation now imposed by the Constitution; to authorize the county to levy taxes without limitation to rate or amount sufficient to pay the principal of and interest on said bonds as same mature; to authorize the levy of taxes to operate and maintain said water and sewerage system; to provide for the submission of this amendment for ratification or rejection; to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta County Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq.; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The local amendment to Article II, Section I, Paragraph I, of the Constitution captioned Coweta County Fire, Water, Etc. Districts, Georgia Laws, 1964, Vol. I, page 906, et seq., is hereby repealed.

Section 2. Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding at the end thereof the following:

"Anything in this Constitution to the contrary notwithstanding, Coweta County is hereby authorized to incur an additional indebtedness for water and sewerage purposes and evidence same by the issuance, from time to time, of its direct general obligation water and sewerage 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 county 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. Nothing herein contained shall limit or otherwise affect the amount of bonds Coweta County may issue under said Article VII, Section VII, Paragraph I of the Constitution for other purposes. Said county 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 same mature. The issuance or non-issuance of said water and sewerage bonds shall be submitted to the registered, qualified voters of the county for their determination as provided under Article VII, Section VII, Paragraph I of the Constitution and the laws of this State. In addition to the foregoing, the governing authority of Coweta County is hereby authorized to levy taxes to pay the cost of operating, maintaining, repairing or otherwise improving the water and sewerage of said county. 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 Coweta County, under the Constitution and laws of the State of Georgia, including, but not limited to, the rights and authority of said county to issue its water and sewerage revenue bonds under the Constitution and the Revenue Bond Law (Ga. L. 1957, p. 36 et seq., as amended). This amendment is self-enacting and does not require any enabling

WEDNESDAY, FEBRUARY 4, 1970

411

legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to the county not inconsistent with the provisions of this amend-
ment."

Section 3. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( NO (

) Shall the Constitution be amended so as to repeal the local amendment to Article II, Section I, Paragraph I of the Constitution captioned Coweta County Fire, Water, Etc. Districts, Georgia Laws 1964, Vol. 1, page 906 et seq., and so as to authorize Coweta County to issue its general obligation water and sewerage 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 to levy taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as same mature and to levy taxes to pay the cost of operating, maintaining, repairing and improving the water and sewerage system of said County?"

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 members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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

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

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Abney Adams of 5th Andrews Bateman 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 Patton Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens 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 53, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 603. By Messrs. Mason and Nash of the 13th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the Board of Commissioners of Gwinnett County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of businesses and levying of license taxes on businesses in the unincorporated area of the county; to authorize the creation of a County Recorder's Court for Gwinnett County, and to provide the authority, jurisdiction, and powers thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA:
Section 1. Article XI, Section I, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph, to read as follows:

WEDNESDAY, FEBRUARY 4, 1970

413

"Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized:

1. To empower the Board of Commissioners of Gwinnett County, Georgia, 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, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Gwinnett County, Georgia, and to provide penalties for violations of such ordinances; to authorize the licensing and regulation of businesses and the levying of license taxes on all persons, firms, and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission, and

2. To establish and create in and for the County of Gwinnett, a Recorder's Court, which shall have jurisdiction in Gwinnett County and which shall be empowered to hear and determine misdemeanor traffic cases arising under the laws of the State of Georgia, and which shall be empowered to hear and determine cases involving violations of county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and penalty for violation thereof as may be provided by law, and which shall have such other and further powers as may be prescribed by law."

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 authorize the General Assembly to empower the Board of Com-
NO ( ) missioners of Gwinnett County, Georgia, to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said board and to provide penalties for violation of such ordinances; to authorize the licensing and regulation of businesses and levying of license taxes on businesses in the unincorporated area of the county; to authorize the creation of a County Recorder's Court for Gwinnett County, and to porfo?v"ide the authority, jurisdiction, and powers there-

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify-
ing the proposed amendment shall vote "No".

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JOURNAL OF THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this. State.

The 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 Andrews Bateman Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley

Hill Holley Holloway Hue! gins Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Searcey Smalley
Smith of 18th Smith of 34th Spinks Starr
Stephens 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 53, nays 0.

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

Senator Kennedy of the 4th moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M, tomorrow.

THURSDAY, FEBRUARY 5, 1970

415

Senate Chamber, Atlanta, Georgia Thursday, February 5, 1970

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Carter of the 14th 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 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.

Senator Carter of the 14th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

The President announced as the doctor of the day, Dr. Charles B. Fulghum.

Scripture reading and prayer were offered by Reverend Robert J. Rea, Jr., associate pastor, Central Presbyterian Church, Atlanta, Georgia.

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 resolutions of the House and Senate, to-wit:

HB 1242. By Mr. Leonard of the 3rd:
A bill to reineorporate the City of Chatsworth in the County of Murray; to create a new charter for said city; to prescribe the corporate limits of said city; and for other purposes.

HB 1360. 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, and the several Acts amendatory thereof"; and for other purposes.

HB 1381. By Mr. Moore of the 6th:
A bill to amend an Act of the General Assembly of Georgia, incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the City Limits of said City; and for other purposes.

HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to provide for the compensation of the members of said Board; and for other purposes.

HB 1386. By Messrs. Odom, Lee and Hutchinson of the 61st:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Baker County, known as the fee system; and for other purposes.

HB 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st:
A bill to amend an Act creating the Board of Commissioners of Baker County, so as to change the compensation of the members of the Board; and for other purposes.

HB 683. By Messrs. Holder of the 49th and Smith of the 3rd:
A bill to amend an Act entitled "An Act to provide for the inspection of public records; and for other purposes", so as to exempt from the

THURSDAY, FEBRUARY 5, 1970

417

provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of personal privacy; and for other purposes.

HB 1199. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A bill to create the Georgia Coastal Islands and Marshlands Planning Commission; and for other purposes.

HB 1208. By Mr. Lee of the 61st:
A bill to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.

HB 1297. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Floyd of the 75th, Miller of the 83rd, Battle of the 90th and others:
A bill to regulate the bail bond business in the State of Georgia; to provide for a short title; to provide for definitions; to provide for the powers and duties of the State Insurance Commissioner; to provide for license fees; and for other purposes.

HR 643. By Mr. Grahl of the 40th:
A resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court of Appeals Reports to the Library of the Superior Court of Peach County; and for other purposes.

HR 659. By Mr. Egan of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income; and for other purposes.

HR 669. By Messrs. Nunn and Peterson of the 41st:
A resolution proposing' an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes.

SR 205. By Senator Kidd of the 25th:
A resolution to amend a resolution creating the Uniform Consumer Credit Code Study Committee; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1210. By Messrs. Westlake of the 75th, Jones of the 59th, Farmer of the 16th and others:
A bill to amend Code Chapter 47-10 relating to lobbying, so as to change the provisions relating to registration with the Secretary of State; and for other purposes.

The following bills and resolutions of the Senate were introduced, read the first time, and referred to committee:

SB 455. By Senator Dean of the 6th:
A bill to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Georgia State Patrol shall be numbered; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 456. By Senator Doss of the 52nd:
A bill to amend an Act relating to the creation of Juvenile Courts in certain counties, as amended, so as to delete the provisions relating to the referral of cases to such Courts involving the custody of a child or children arising out of divorce or habeas corpus proceedings; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 457. By Senator Zipperer of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill, so as to enumerate the corporate powers of said City; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 458. By Senator Zipperer of the 3rd:
A bill to amend an Act relating to the establishing of a City Court of Pembroke in and for the County of Bryan, as amended; to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the Courts of Ordinary in certain counties; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 459. By Senators Smith of the 18th and Gillis of the 20th:
A bill to amend Code Section 47-107, relating to the salary, expenses, and mileage of members of the General Assembly, as amended, so as

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419

to clarify the provisions relating to expense allowance of members of the General Assembly; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Govnerment.

SB 460. By Senator Rowan of the 8th:
A bill to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that whenever any group or blanket accident and sickness insurance policy provides for the reimbursement any person shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 461. By Senators Stephens of the 36th, Chapman of the 32nd and Ward of the 39th:
A bill to authorize and direct the governing authority of each county and municipality to provide for the hiring of a full-time jailer or jailers for each jail or lockup within the political boundaries affected in order that each said jail shall not be left unattended at any time; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 462. By Senator London of the 50th:
A bill to authorize the governing authority of each county having a population of not less than 8,920 and not more than 8,970 to determine and set the salary of the clerk of such governing authority as the said governing authority shall deem proper; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 463. By Senators Stephens of the 36th and Chapman of the 32nd:
A bill to repeal Title 76 of the Code of Georgia, as amended, relating to Peace Warrants and Behavior Bonds; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 464. By Senator London of the 50th:
A bill to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

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SB 465. By Senators Rowan of the 8th and Andrews of the 49th:
A bill to provide that the using, furnishing, issuing, distributing or redeeming of trading stamps, coupons or similar devices for the sale of gasoline and other motor fuels shall be unlawful; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 466. By Senator Smith of the 18th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to abolish residency requirements for the election of members to the boards; to renumber positions on the board; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 467. By Senator Walling of the 42nd:
A bill to amend Title 34A of the Code of Georgia relating to municipal elections, as amended, so as to correct errors and inconsistencies appearing in said Title; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 468. By Senator Walling of the 42nd:
A bill to amend an Act providing for home rule for municipalities so as to clarify the provision limiting home rule for the purpose of affecting the procedures connected with the election or appointment of members of the municipal governing authority; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 469. By Senator Smith of the 18th:
A bill to amend an Act changing the manner and method of electing members of the board of education of Houston County, as amended, so as to abolish education districts; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 470. By Senator Holley of the 22nd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to amend Part I thereof, known as the "Georgia Business Corporation Code", by deleting the requirement that a corporation shall ac-

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421

company a notice from the State Revenue Commissioner that the corporation has met the requirements concerning reports and taxes; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SR 259. By Senator Dean of the 6th:
A resolution authorizing the conveyance of certain real property located in Jesup, Wayne County, Georgia; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 261. By Senators Stephens of the 36th and Padgett of the 23rd:
A resolution creating the Committee to study the feasibility of creating a civil cause of action in favor of criminal accused who have been charged with violation of crime, but found innocent; and for other purposes.
Referred to Committee on Rules.

SR 262. By Senators Stephens of the 36th and Padgett of the 23rd:
A resolution creating the Committee to study separate confinement of the following classes of prisoners: women, juveniles, first offenders and persons charged with drunkenness; and for other purposes.
Referred to Committee on Rules.

SR 263. By Senators Stephens of the 36th and Padgett of the 23rd:
A resolution creating a Local Confinement Facilities Health and Hygiene Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 264. By Senators Tysinger of the 41st and Garrard of the 37th:
A resolution creating the State Agencies Physical Space Facilities Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 265. By Senators London of the 50th, Young of the 13th, Rowan of the 8th and others:
A resolution urging changes relative to Social Security Benefits; and for other purposes.
Referred to Committee on Health and Welfare.

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The following bills and resolutions of the House were read the first time and referred to committees:

HB 683. By Messrs. Holder of the 49th and Smith of the 3rd:
A bill to amend an Act entitled "An Act to provide for the inspection of public records; and for other purposes.", so as to exempt from the provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of personal privacy; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1199. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A bill to create the Georgia Coastal Islands and Marshlands Planning Commission; and for other purposes.
Referred to Committee on Industry and Labor.

HB 1208. By Mr. Lee of the 61st:
A bill to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1210. By Messrs. Westlake of the 75th, Jones of the 59th, Farmer of the 16th, Lee of the 21st, Miles of the 78th and others:
A bill to amend Code Chapter 47-10 relating to lobbying, so as to change the provisions relating to registration with the Secretary of State; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1242. By Mr. Leonard of the 3rd:
A bill to reincorporate the City of Chatsworth in the County of Murray; to create a new charter for said city; to prescribe the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1297. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Floyd of the 75th, Miller of the 83rd, Battle of the 90th and others:
A bill to regulate the bail bond business in the State of Georgia; to provide for a short title; to provide for definitions; to provide for the

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423

powers and duties of the State Insurance Commissioner; to provide for license fees; and for other purposes.
Referred to Committee on Judiciary.

HB 1360. 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, and the several Acts amendatory thereof"; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1381. By Mr. Moore of the 6th:
A bill to amend an Act of the General Assembly of Georgia, incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the City Limits of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to provide for the compensation of the members of said Board; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1386. By Messrs. Lee, Odom and Hutchinson of the 61st: A bill to abolish the present mode of compensating the Clerk of Superior Court of Baker County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st: A bill to amend an Act creating the Board of Commissioners of Baker County, so as to change the compensation of the members of the Boards; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 643. By Mr. Grahl of the 40th: A resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court

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of Appeals Reports to the Library of the Superior Court of Peach County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 659. By Mr. Egan of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income; and for other purposes.
Referred to Committee on Judiciary.

HR 669. By Messrs. Nunn and Peterson of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 449. By Senator McGill of the 24th:
A bill to amend an Act creating a Small Claims Court for Wilkes County, so as to enlarge the jurisdiction of said Court; to repeal conflicting laws; and for other purposes.

SB 450. By Senator London of the 50th:
A bill to amend an Act abolishing the office of county treasurer of Fannin County, Georgia, so as to provide for the payment of compensation to the County Depository of Fannin County for the performance of the duties imposed upon it by the provisions of said Act; to repeal conflicting laws; and for other purposes.

SB 451. By Senator Eldridge of the 7th:
A bill to amend Code Section 109A-9-307, relating to the protection of buyers of goods, as amended, so as to provide that a tobacco warehouse commission merchant, who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods; to repeal conflicting laws; and for other purposes.

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425

SB 452. By Senator Kidd of the 25th:
A bill to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the bond of the employment agencies; to repeal conflicting laws; and for other purposes.

SB 453. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta and the several Acts amendatory thereof; and for other purposes.

SB 454. By Senators Chapman of the 32nd and Hensley of the 33rd:
A bill to establish standards to determine what materials are harmful to minors; to repeal conflicting laws; and for other purposes.

HB 1063. By Mr. Alexander of the 108th:
A bill to provide that when a person posts bail bond prior to a preliminary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be valid to provide for the person's appearance at the trial of the case unless the amount of the bail has been set at a higher amount at the preliminary or commitment hearing; and for other purposes.

HB 1141. By Messrs. Carnes of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth and Rainey of the 47th:
A bill to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to become members of said fund for the purpose of receiving pension benefits only; and for other purposes.

HB 1189. By Messrs. Jones of the 84th and Williams of the llth:
A bill to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, so as to delete therefrom the restriction on the use of certain wheels which have wooden or metal cleats, spikes corrugations or other irregularities; and for other purposes.

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th, and Lane of the 44th:
A bill creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office of one Deputy

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State Revenue Commissioner; to provide for the qualifications; and for other purposes.

HB 1271. By Mr. Gunter of the 6th:
A bill to amend Code Section 27-903, relating to the number of times bail may be permitted for the same offense, so as to provide that the first bail shall be permitted as a matter of right and that subsequent bails shall be at the discretion of the Court; and for other purposes.

HB 1326. By Messrs. Moore of the 6th and McClatchey of the 113th:
A bill to authorize and direct county boards of education and county school superintendents to accept, adopt and withhold salary deductions for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; and for other purposes.

HB 1306. By Mr. Peters of the 2nd: A bill to amend an Act protecting the public health by providing for premarital examinations for syphilis, so as to provide that in counties with populations of not less than 21,000 nor more than 21,900, such premarital examinations shall be conducted only by designated employees of the county health department; and for other purposes.
HB 1310. By Mr. Douglas 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.
HB 1311. By Messrs. Rush and Salem of the 51st: A bill to change the terms of the Superior Court of Long County; and for other purposes.
HB 1315. 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 manner in which members of the Board are elected; and for other purposes.
HB 1316. By Mr. Sorrells of the 24th: A bill to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, so as to change the compensation of the coroner; and for other purposes.

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427

HB 1317. By Mr. Sorrells of the 24th:
A bill to amend an Act incorporating the City of Loganville, so as to provide that the salary of the mayor shall not exceed $1,200 per year; and for other purposes.

HB 1330. By Mr. Moore of the 6th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to delete therefrom the requirement that one of the members of the board be selected as clerk; and for other purposes.

HB 1331. By Mr. Moore of the 6th:
A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.

HB 1332. By Mr. Moore of the 6th:
A bill to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, commissions and other compensation be paid to the Board of Commissioners of Stephens County; and for other purposes.

HB 1333. By Mr. Moore of the 6th:
A bill to abolish the present mode of compensating the ordinary of Stephens County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.

HB 1334. By Mr. Moore of the 6th:
A bill to provide for the election of members of the Stephens County Board of Education; and for other purposes.

HB 1344. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of compensation, so as to change the floors and ceiling on the compensation of the chief deputy, and other jailers; and for other purposes.

HB 1347. 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,

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so as to change the salary of each of the deputy sheriffs of Haralson County; and for other purposes.

HB 1362. By Messrs. Barfield, Bennett and Reaves of the 71st:
A bill to fix the terms of the Superior Court of Lowndes County; and for other purposes.

HR 521. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th, Black of the 45th and others:
A resolution providing for the designation of the Columbus-Blakely route as "The Chattahoochee Trail"; and for other purposes.

HR 535. By Mr. Vaughn of the 74th:
A resolution recreating the Joint Highway Laws Interim Study Committee; and for other purposes.

HR 651. By Messrs. Wood, Williams, and Cooper of the llth:
A resolution proposing an amendment to the Constitution, so as to empower the Board of Commissioners of Hall County, for regulatory and revenue purposes to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation; and for other purposes.

HR 665. By Mr. Ballard of the 23rd:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of said ordinances; and for other purposes.

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

SB 427. By Senators Reeder of the 55th, Miller of the 43rd, Tysinger of the 41st and others:
A bill to amend Code Section 87-201, relating to the notice of elections held by counties, municipalities or divisions on the issue of bonds, as amended, so as to change the time for holding elections in certain counties; to repeal conflicting laws; and for other purposes.

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429

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

On the passage of the bill, the ayes were 43, nays 0.

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

SB 428. By Senator Rowan of the 8th:
A bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the purpose of compensating his employees; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 43, nays 0.

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

HB 1126. By Messrs. Dodson of the 82nd, Keen, Pinkston, Scarborough and Evans of the 81st:
A bill to amend the Act of the General Assembly of Georgia re-enacting the charter 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 43, nays 0.

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

HB 1239. By Mr. Funk of the 92nd:
A bill to amend an Act revising and consolidating the several Acts relating to and incorporating the Town of Thunderbolt in Chatham County, so as to change the provisions relating to the filling of vacancies

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in the office of Mayor, Alderman, Treasurer and Clerk of 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1257. By Messrs. Pickard, Buck and Jones of the 84th and others: A bill to amend an amendment to the Constitution of the State of Georgia creating the Columbus and Muscogee County Building Commission, so that said Commission shall hereafter be known as the "Columbus and Muscogee County Building 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 43, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1283. By Mr. Phillips of the 50th:
A bill to amend an Act placing the Sheriff of Treutlen County on a salary system in lieu of the fee system of compensation, so as to change the compensation of the sheriff and his deputy, and to change his car 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 43, nays 0. The bill, having received the requisite constitutional majority, was passed.

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431

HB 1299. By Messrs. Keyton and Russell of the 70th:
A bill to amend an Act creating a new charter for the City of Pavo, so as to provide for an increase in the limitation on the salaries of councilmen from $3.00 per month to $20.00 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 43, nays 0.

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

HB 1041. By Mr. Melton of the 32nd:
A bill to provide for the establishment of fire protection districts in Spalding County, pursuant to Constitutional provisions relative thereto; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend HB 1041 by adding in Section 13, line 3 of Section 13, after the word "exceeding" and before the phrase "ten per centum (10%)" the following:
"in the aggregate"

On the adoption of the amendment, the ayes were 43, 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.

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

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The Committee on County and Urban Affairs offered the following amendment:

Amend HB 1168 by striking in Section 1 on page 1, line 13 of said bill the figures "$1,800.00" and substituting in lieu thereof the figures "$1,200".

On the adoption of the amendment, the ayes were 43, 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.

HB 1123. By Mr. Rush of the 51st:
A bill to repeal an Act relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.

The Committee on County and Urban Affairs offered the following substitute:
A BILL
To be entitled an Act to repeal an Act entitled "An Act to amend Code section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, as amended, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 according to the 1960 United States census or any future such census and provide for letting out any county which either by increase or decrease according to the last United States census ceases to have the required population as set out in this Act; to provide for cessation of certain appointments and for making subsequent appointments; to repeal conflicting laws; and for other purposes.", approved January 29, 1962 (Ga. Laws 1962, p. 6); to provide for the appointment of jury revisors and for the revision of jury lists within the counties affected by said Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

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433

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. An Act entitled "An Act to amend Code section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, as amended, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500 according to the 1960 United States census or any future such census and provide for letting out any county which either by increase or decrease according to the last United States census ceases to have the required population as set out in this Act; to provide for cessation of certain appointments and for making subsequent appointments; to repeal conflicting laws; and for other purposes.", is hereby repealed in its entirety; provided, however, that the judge of the superior court of any county affected by the Act repealed by this Act is hereby authorized to appoint immediately jury revisers for such county and shall be further authorized to order a revision of the jury list of such county within ten days after the effective date of this Act.

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 43, 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 43, nays 0.

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

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A bill to create the South Fulton Coliseum 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.

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On the passage of the bill, the ayes were 43, nays 0.

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

Senator Coggin of the 35th gave notice that at the proper time he would move that the Senate reconsider its action in passing SB 444.

Senator Johnson of the 38th moved that the Senate reconsider its action of yesterday on the following bill of the Senate:

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", by amending Section 14 and Section 28; and for other purposes.

On the motion to reconsider, the ayes were 25, nays 4; the motion prevailed and SB 288 was placed on the Senate Calendar.

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

,SR 238. By Senators Adams of the 26th, Webb of the llth, Carter of the 14th and others:
A resolution commending Judge William A. Bootle; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend SR 238 by deleting in its entirety, the last paragraph, which begins as "Be it further resolved", from this resolution.

On the adoption of the amendment, the ayes were 28, nays 1, 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, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.

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43&

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 Holloway Hudgins Kennedy McGill Miller Noble Patton

Pennington Plunkett Riley Rowan Scott Smith of 18th Smith of 34th Starr Stephens Tysinger Vann Webb Zipperer

Those voting in the negative were Senators:

Johnson London

Smalley

Ward

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

On the adoption of the resolution, the ayes were 41, nays 4, and the resolution was adopted as amended.

The following general bill of the Senate, favorably reported by the committee, and having been read the third time on January 30 and postponed, was put upon its passage:
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 railroad at grade, not in an incorporated town or city, shall be designated as an unsafe crossing; to repeal conflicting laws; and for other purposes.
The Committee on Highways offered the following substitute:
An Act to amend Code Chapter 95-18, relating to safe and unsafe railroad crossings, so as to provide for the marking of all crossings of

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railroad main lines where intersected at grade by any highway except in incorporated towns and cities and except where protected by automatic signaling devices; to define the meaning of "highway", "crossing" and "mainline"; to define the marking required; to provide for the sharing of costs and responsibilities with respect to such markings and maintenance; to provide for and prescribe the duties of all persons approaching or using such crossings; to provide for penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Chapter 95-18, relating to safe and unsafe railroad crossings, is hereby amended by striking said Chapter in its entirety and inserting in lieu thereof a new Code Chapter 95-18, to read as follows:
"Chapter 95-18. Crossings of Railroads by Highways. 95-1801. (a) The term 'highway' when used herein means any public road used by the public generally.
(b) The term 'crossing' when used herein means the intersection at grade of any main line of railroad with a highway not in an incorporated city or town, but excepting such intersections where there is an automatic signaling device.

(c) The phrase 'main line' when used herein means any railroad track or set of tracks over which regularly scheduled trains are customarily operated.
95-1802. Within sixty days after the effective date of this Chapter, the State Highway Department shall erect a standard 'stop' sign on both sides of the road in the immediate area of any grade crossing of a State road.
95-1803. Within sixty days after the effective date of this Chapter, the State Highway Department shall designate a standard crossing advance warning sign. Such designation shall include a description of the said sign, its height, size, color of background, and color and size of the words to be placed thereon. At a point approaching a grade crossing of a State road not less than 300 yards from such crossing and on each side of the railroad crossing, the State Highway Department shall erect this sign. Sign locations shall comply with general standards formulated by the Senate Highway Department.
95-1804. At every grade crossing of any highway which is not a State road, the Board of Commissioners, or other authority in charge of county affairs, shall erect the same signs in the same manner as prescribed in Section 95-1802 and 95-1803 hereof.
95-1805. Every person operating a motor vehicle on approaching a crossing the presence of which is indicated by the stop

THURSDAY, FEBRUARY 5, 1970

437

sign provided for in the foregoing Sections shall bring his vehicle to a full stop within 50 feet but not less than 15 feet from the nearest rail of such railroad. While so stopped he shall listen and look in both directions along said track for an approaching train, and for signals indicating the approach of a train, and shall not proceed until he can do so safely.

95-1806. Nothing herein contained shall effect or change the requirements of Sections 83, 84 and 85 of an Act approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), known as the Uniform Act Regulating Traffic on Highways.

95-1807. The Georgia State Patrol is hereby especially charged with the duty of enforcing the provisions of this Chapter, and the
members of said Georgia State Patrol, as well as all Sheriffs, Deputies Sheriff and police officers, shall have and exercise the same duties respecting the enforcement of this Chapter as they have and exercise with respect to provisions of other laws relating to the operation of motor vehicles. Any person violating any provision of this Chapter may be arrested upon a warrant issued upon the affidavit of any member of the Georgia State Patrol, Sheriff, Deputy Sheriff or police officer or any private citizen. In the event of such arrest, the offender shall be dealt with as now provided by law with respect to other violations of the laws regulating motor vehicles.

95-1808. The costs of the signs and of installing and erecting the same shall be shared equally by the railroad or railroads involved, with the State Highway Department with respect to State road crossings, and with the county involved with respect to other road crossings provided herein.

95-1809. Any person who shall violate any of the provisions of this Chapter shall, upon conviction, be punished as for a misdemeanor."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Noble of the 19th offered the following amendment to the committee substitute:
Amend by deleting the number "50" where it appears on line 29, of page 2 and substituting in lieu thereof the number "20".

On the adoption of the amendment, the ayes were 30, nays 6, and the amendment to the Committee substitute was adopted.

On the adoption of the substitute, the ayes were 20, nays 14, and the substitute was adopted as amended.

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JOURNAL OP THE SENATE,

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 11, nays 23.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following general resolution of the Senate, favorably reported by the 'committee, was read the third time, and put upon its passage:

SB 199. By Senators Broun of the 46th, Plunkett of the 30th and Webb of the llth:
A resolution amending the Rules of the Senate; and for other purposes.

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

On the adoption of the resolution, the ayes were 29, nays 6.

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

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 626. By Messrs. Colwell of the 5th, Black of the 45th, Funk of the 92nd and others: A bill to amend Code Title 91, relating to public property, so as to provide for the inventorying of real property owned by the State and certain public corporations; to provide for all 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 33, nays 0.

THURSDAY, FEBRUARY 5, 1970

439"

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

At the direction of the President, Senator Holley of the 22nd assumed the Chair.

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1101. By Messrs. Wamble of the 69th, Russell of the 70th, Phillips of the 50th and others:
A bill known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt therefrom fares and charges collected by urban transit system; to define urban transit systems under the terms hereof; and for other purposes.

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

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

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

The following general resolution of the House favorably reported by the committee, was read the third time, and put upon its passage:

HR 545. By Messrs. Wamble of the 69th, Russell and Keyton of the 70th and others:
A resolution to ratify, approve, and confirm the Executive Order of the Governor dated December 30, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on fares and charges collected by publicly or privately owned urban transit systems; 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.

440

JOUKNAL OP THE SENATE,

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

The President resumed the Chair.

At the direction of the President, Senator Holloway of the 12th assumed the Chair.

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

SB 412. By Senator Kidd of the 25th: A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to authorize and grant the said Board certain powers to deal with properties and assets, to borrow money and to secure the same by mortgage or deed to secure debt, or by other methods of encumbrance; 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, ayes were 34, nays 0.
The bill, having' received the requisite constitutional majority, was passed.
SB 425. By Senators Tysinger of the 41st, Reeder of the 55th, Walling of the 42nd and Miller of the 43rd: A bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to change the academic year payment by the Board of Regents to certain local operating authorities; 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.

THURSDAY, FEBRUARY 5, 1970

441

HB 1134. By Mr. Egan of the 116th:
A bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to authorize the State Board of Education to open up its student honors program to pupils of private high schools of this State; and for other purposes.

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

On the passage of the bill, the ayes were 34, nays 0. The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:
SR 235. By Senator Broun of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to remove therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemption provided by Article VII, Section I, Paragraph IV of the Constitution and to provide that such property shall be subject to the homestead exemptions provided by said Article VII, Section I, Paragraph IV of the Constitution; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VIII, Section VII of the Constitution, as amended by an amendment authorizing the General Assembly to pass a special Act or Acts to merge the existing independent school system known as the Board of Education of Athens, Georgia, and the existing school district in the County of Clarke outside the corporate limits of said city, ratified at the general election held in November, 1954, and set forth in Georgia Laws 1953, Jan.-Feb. Sess., p. 560, as amended, by an amendment ratified at the general election held in November, 1966, and set forth in Georgia Laws 1966, p. 834, and as amended by an amendment ratified at the general election held in November, 1968, and set forth in Georgia Laws 1968, p. 1530, is hereby amended by striking in its entirety the last sentence of subparagraph (a) of Section 1 of said amendment, which sentence reads as follows: "For school purposes only, property taxed for support of said school system shall

442

JOURNAL OP THE SENATE,

be subject to the privileges of the homestead exemption provided by Article VII, Section I, Paragraph IV, of this Constitution.", and substituting in lieu thereof the following sentence: "Property taxed for the support of said school system shall be subject to the home-
stead exemptions provided by Article VII, Section I, Paragraph IV of this Constitution.", so that when so amended, said subparagraph (a) of Section 1 of said amendment shall read as follows:

"(a) The said Act or Acts of the General Assembly may authorize the levying of ad valorem taxes, uniform throughput said county, with or without limitation of such rate, as the General Assembly may provide, for the support of said school system and for payment of the bonded indebtedness for school purposes of Clarke County and the Mayor and Council of the City of Athens.
Property taxed for the support of said school system shall be sub-
ject to the homestead exemptions provided by Article VII, Section I, Paragraph IV of 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 have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to remove therefrom the sentence which provides that property
NO ( ) of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemptions provided by Article VII, Section I, Paragraph IV of the Constitution and to provide that such property shall be subject to the homestead exemptions provided by said Article VII, Section I, Paragraph IV of the Constitution?"

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 Adams of 5th Adams of 26th

Andrews Bateman Broun of 46th

Brown of 47th Carter Chapman

THURSDAY, FEBRUARY 5, 1970

443

Coggin Cox
Dean Doss Eldridge
Pincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway

Hudgins Johnson
Kennedy Kidd London
Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Riley Rowan
Scott Searcey Smith of 18th
Smith of 34th Starr Stephens Tysinger Walling Ward Webb Zipperer

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

SR 245. By Senator Dean of the 6th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the method of selecting the legal organ of Wayne County; to provide the procedures connected therewith; to provide an effective date; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article III, Section VII, Paragraph XV of the Constitution is hereby amended by adding at the end thereof the following:
"The legal organ of Wayne County shall be rotated between the two journals or newspapers which qualify to be the legal organ of the county, and the ordinary, sheriff and clerk of the superior

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JOURNAL OF THE SENATE,

court of Wayne County shall sign an order requiring the official organ to be rotated beginning January 1, 1971. The rotation notice shall be advertised in the present legal organ for four consecutive weeks prior to the change of the official organ. Thereafter, the official organ shall be rotated between said newspapers every two years. Said officers shall sign an order at least 45 days prior to the rotation date and advertise the rotation notice in the present legal organ for four consecutive weeks prior to the date the official organ is scheduled to be changed."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section 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 require the ordinary, sheriff and clerk of the superior court
NO ( ) of Wayne County to rotate the legal organ of Wayne County every two years between the two newspapers published in Wayne County which qualify to be the legal organ of the county, beginning January 1, 1971?"

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 Adams of 5th Adams of 26th Andrews Bateman Broun Brown Carter Chapman Coggin

Cox Dean Doss Eldridge Pincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley

Hill Holley Holloway Hudgins Johnson Kennedy Kidd London Miller Noble

THURSDAY, FEBRUARY 5, 1970

445

Padgett

Patton

Pennington

Plunkett

Reeder

%

Reynolds

Riley

Rowan Scott Searcey Smith of 18th Smith of 34th Starr

Stephens Tysinger Walling Ward Webb Zipperer

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

HR 618. By Messrs. Brown and Melton of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section II, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following:
"The first Fayette County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought by such grand jury to be necessary or desirable. The recommendations shall be made a part of the grand jury's presentment, but shall have no binding effect upon the governing authority of the county or the General Assembly."
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:

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JOURNAL OF THE SENATE,

"YES ( ) Shall the Constitution be amended so as to provide that the first Fayette County grand jury drawn in
NO ( ) 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are thought to be necessary or desirable?"

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 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 Johnson Kennedy Kidd London Miller Noble Padgett Patton Pennington

Plunkett Reeder Reynolds Riley Rowan Scott Searcey Smith of 18th Smith of 34th Starr Stephens Tysinger Walling Ward Webb Zipperer

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

On the adoption of the resolution, the ayes were 49, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.

THURSDAY, FEBRUARY 5, 1970

447

HE 639. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:

A RESOLUTION
Proposing- an amendment to the Constitution so as to create the LaGrange-Troup County School System by merging the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. That Article VIII, Section V, Paragraph I of the Constitution of Georgia is hereby amended by adding at the end thereof new paragraphs to read as follows:

"The existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point are hereby merged into one school district coextensive with the existing City of LaGrange school district and the Troup County School district; and the existing independent school system of the City of LaGrange and the existing school system of Troup County which lies outside the corporate limits of the cities within Troup County are hereby abolished. The merged school system and district shall constitute a new school district and shall be known as the LaGrange-Troup County School System; provided, however, the Board of Education, hereinafter created, shall have the authority to change the name of said school system to the Troup County School System.

"The LaGrange-Troup County School System shall be a political subdivision of the State of Georgia, separate and apart from the political entities of the City of LaGrange and Troup County.

"The administration of said school system shall be vested in a Board of Education to be known as the LaGrange-Troup County Board of Education. Such Board shall be constituted of six (6) members, male or female, or some of each who at the time of their election shall be at least twenty-five (25) years of age and shall have been bona fide residents of the area comprising the LaGrangeTroup County school district for a period of not less than four (4) years.

"Members of the Board shall be freeholders of good moral character with a good knowledge of the system of public education and a sound belief therein. Three (3) members of the School Board shall be residents of and elected from within the corporate limits of the City of LaGrange as the same may now or hereafter exist.

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JOURNAL OF THE SENATE,

"Three (3) members shall be residents of and elected from within that area of Troup County without the corporate limits of the Cities of LaGrange, Hogansville and West Point. The election shall be by a majority vote of the qualified voters voting within the corporate limits of the City of LaGrange for the three members to be elected from LaGrange and shall be by a majority vote of the qualified voters voting within that area of Troup County without the corporate limits of the Cities of LaGrange, Hogansville and West Point for the three (3) members to be elected from Troup County. The term of office of each member shall be for a period of six (6) years, the terms to be staggered so that at least two (2) members will be elected each two (2) years.
"All candidates for election to the LaGrange-Troup County Board of Education shall qualify for election in accordance with the provisions of the Georgia Election Code, and the election shall be held each two (2) years as a part of the General Election.

"In the event of a vacancy on said Board occasioned by death, resignation, or removal by any member of his residence from the district from which he was elected, or for any cause other than the expiration of such member's term of office, the remaining members of such Board shall elect his successor for the unexpired term.

"In January of each year the Board shall elect a Chairman who shall be the chief executive officer of each Board of Education and shall preside at all meetings of the Board of Education, and shall elect a Vice-Chairman, who shall perform the functions of the Chairman in his absence. The Board shall have the authority to elect such other officers as may be necessary to properly perform their functions.

"The LaGrange-Troup County Board of Education is authorized to provide for the holding of such meetings, regular or special, as they may deem necessary for the proper conduct of such school system and the business thereof, and to make provisions for the time, place and manner of holding such meetings and conducting the same.

"The initial Board of Education for the LaGrange-Troup County School System shall consist of a six (6) member Board, which shall be appointed from the existing membership of the LaGrange Board of Education and the Troup County Board of Education in the following manner:

(a) The Mayor and City Council of the City of LaGrange shall appoint three (3) members from the existing City of LaGrange Board of Education. The first appointee shall serve for a term of six (6) years, his successor to be elected in the General Election in 1976. The second appointee shall each serve for a term of four (4) years, his successor to be elected in the General Election in 1974. The third appointee shall serve for a period of two (2) years, his successor chosen in the General Election in 1972.

THURSDAY, FEBRUARY 5, 1970

449

(b) The Board of Commissioners of Roads and Revenues of Troup County shall appoint three (3) members from the existing Troup County Board of Education. The first appointee shall serve for a term of six (6) years, his successor to be elected in the General Election in 1976. The second appointee shall serve for a period of four (4) years, his successor to be elected in the General Election in 1974. The third appointee shall serve for a term of two (2) years, his successor to be chosen in the General Election in 1972.

(c) The initial members to the LaGrange-Troup County Board of Education to be appointed as herein specified shall be named and announced during the month of January, 1971, but prior to January 26, 1971. Notwithstanding the effective date of the merger on July 1, 1971, the initial members of the LaGrange-Troup County Board of Education shall begin functioning as a Board not later than January 26, 1971, making the necessary plans and taking the necessary action for the merger on July 1, 1971, so that the transition to a merged system of schools can be effectively implemented on that date.

"The LaGrange-Troup County School System is hereby authorized and empowered to take and damage, by condemnation, private property for public school purposes, either for public school building sites, playgrounds, athletic fields, or other purposes, in connection with the common schools, high schools, or any public educational program which is now or may be hereafter authorized by law under any of the procedures now in force or hereafter enacted by the General Assembly of Georgia.

"The said Board is hereby authorized and empowered to operate, conduct and control a system of public schools within the district created, and the fiscal affairs thereof, including the right and authority to create indebtedness as may be authorized by the General Assembly not in conflict with this Constitution, including but not limited to, the right to incur bonded indebtedness for the purpose of constructing, erecting, enlarging, repairing, improving the necessary school buildings and for acquiring the necessary property therefor; to contract and be contracted with, to purchase, own and hold real estate for educational purposes, and to sell and dispose of such real estate which is no longer needed for educational purposes; to appoint and employ teachers and fix their salaries; and to do all and every act as may be necessary for the proper maintenance and operation of a comprehensive system of education throughout the limits of the LaGrange-Troup County School District, and to have any and all powers which may now or hereafter be conferred upon County School Boards by the General Assembly of Georgia or by the Constitution of the State of Georgia.

"The Board shall elect or employ a Superintendent of Education and shall have authority to establish the length and term of the contract for such Superintendent and to fix the salary therefor. The Superintendent shall have such qualifications as may be prescribed by law and shall have had training and experience in school administration.

450

JOURNAL OF THE SENATE,

"Notwithstanding any other provision of this Constitution, the Board of Commissioners of Troup County, Georgia, or their successors in title and office, shall annually levy a tax for the support and maintenance of the LaGrange-Troup County School District upon all taxable property within the school district, in accordance with the amount allowed by law within the State of Georgia, such amount to be recommended by the Board of Education annually to the levying authority, such levy to be uniform throughout the school district on all taxable property therein.

"The General Assembly in addition may authorize the City of LaGrange and the Board of Commissioners of Troup County to appropriate money from their general funds to the Board of Education for educational purposes.

"Any properties owned by the Troup County Board of Education of the City of LaGrange and used exclusively for school purposes, and any property owned by the City of LaGrange or by the Board of Commissioners of Troup County and used exclusively for school purposes shall, by the proper authorities and without any compensation, be deeded to and become the property of the LaGrange-Troup County School System and shall be held, managed and operated by the Board of Education of such School System.

"The powers hereby granted to the General Assembly and the powers to be granted by the General Assembly to effectuate the purposes herein set forth shall exist notwithstanding the other provisions of this Constitution or any general or special laws of the State of Georgia. The General Assembly may, from time to time enact such legislation as may be necessary to carry into effect purposes and intent of this Constitutional Amendment and may from time to time make special Acts amending the Acts enacted pursuant hereto.

"The specifications of certain powers herein are not intended to be exclusive, it being the intention hereof that all powers hereby granted to the General Assembly and all powers to be granted by the General Assembly are to be liberally construed so as to effectuate the general purpose of establishing and maintaining a comprehensive system of public education throughout the limits of the LaGrange-Troup County School District."

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 create the LaGrange-Troup County School System by
NO ( ) merging the existing independent school system of the City of LaGrange and the existing school system

THURSDAY, FEBRUARY 5, 1970

451

of Troup County which lies outside the corporate limits of the Cities of LaGrange, Hogansville and West Point?"

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 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 Johnson Kennedy Kidd London Miller Noble Padgett Patton Pennington

Plunkett Reeder Reynolds Riley Rowan Scott Searcey Smith of 18th Smith of 34th Starr Stephens Tysinger Walling Ward Webb Zipperer

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

On the adoption of the resolution, the ayes were 49, nays 0.

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

The President resumed the Chair.

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JOURNAL OP THE SENATE,

The following resolution was read and adopted:

SR 268. By Senator Hudgins of the 15th: A resolution commending Mr. James H. Wynn; and for other purposes.

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

SR 255. By Senator Coggin of the 35th:
A resolution recreating the Metropolitan Atlanta Airport System Study Committee; and for other purposes.

On the adoption of the resolution, the ayes were 31, nays 1, and the resolution was adopted.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 357. By Senator Hensley of the 33rd:
A bill to amend an Act to create the office of State Highway Board, Chairman, State Highway Board, and Treasurer of the State Highway Department so as to recreate the office of the Treasurer of the State Highway Department; to provide for his appointment; and for other purposes.

The House amendment was as follows: Amend SB 357 by striking from Section 7, line 23 the words "of the Director"
and inserting in lieu thereof the words "of the Board".

Senator Hensley of the 33rd moved that the Senate agree to the House amendment to SB 357.
On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendment to SB 357 was agreed to.

THURSDAY, FEBRUARY 5, 1970

453

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

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 Committee on Appropriations offered the following amendment:
Amend HB 28 by changing Section 2 to Section 3 and inserting a new Section 2 to read as follows:
"The effective date of this Act shall be April 1, 1970."
On the adoption of the amendment, the ayes were 39, 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 37, nays 1.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Smith of the 18th asked unanimous consent that the order of business be amended so that committee reports could be received and read this afternoon.
The consent was granted.
The following general resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SR 244. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College; and for other purposes.

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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.

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

SR 254. By Senator Coggin of the 35th:
A resolution creating the Legislative Building Study Committee; and for other purposes.

The Committee on Rules offered the following substitute:
A RESOLUTION
Creating the Legislative Building Study Committee; and for other purposes.
WHEREAS, the constant renovation and expansion of the Capitol Building for the purpose of finding space for members, officers, staff and programs of the General Assembly is rapidly destroying the architectural beauty of the Capitol and at the same time, not providing the necessary working facilities for the General Assembly; and
WHEREAS, the future growth of State Government indicates additional space will be needed and that planning should be initiated to secure additional space, not in the Capitol Building, for the Legislative Branch of State Government.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Legislative Building Study Committee, to be composed of three members of the Senate, chosen by the President; three members of the House, chosen by the Speaker; the Lieutenant Governor, the Speaker of the House, the Secretary of State, the State Auditor, the Secretary of the Senate, the Clerk of the House of Representatives, the Legislative Counsel and the Legislative Fiscal Officer. The Lieutenant Governor shall be Chairman, the Speaker shall be Vice Chairman and the Secretary of State shall be Secretary.
The Committee shall do all things necessary to determine the feasibility of either planning and constructing a separate building for

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the Legislative Branch of State Government or locating additional space for use which is not in the Capitol Building.

The Committee may conduct such meetings at such places and at such time, both within and without the State, as it may deem necessary 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 members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees. The other members of the Committee shall be reimbursed for their actual expenses incurred in connection with their duties under this Resolution, and such reimbursement shall come from the funds from which they are regularly compensated. The funds necessary to carry out the provisions of this Resolution, except as otherwise provided, shall come from the funds appropriated to or otherwise available to the Legislative Branch of Government. The Committee shall make a report of its findings and recommendations on or before the convening day of the 1971 Session of the General Assembly of Georgia, at which time the Committee shall stand abolished.

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 adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, the ayes were 39, nays 0.

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

A communication from His Excellency, Governor Lester Maddox, was received and read by the Secretary:
February 2, 1970
Honorable George T. Smith Lieutenant Governor (President of the Senate) and Members of the Senate State Capitol Atlanta, Georgia
Gentlemen:
In accordance with Article V, Section I, Paragraph XI of the Constitution of the State of Georgia, I report to you as follows:

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Subsequent to the adjournment of the Regular Session of the General Assembly on March 26, 1969, and the adjournment of the Special Session of the General Assembly on June 13, 1969, to the date of this communication, there have been no convictions for treason in the State of Georgia. Therefore, I was not called upon to suspend the execution of a sentence for treason.

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 August 6, 1969, I granted a stay of execution in the case of the State of Georgia v. Joe Lingo, Jr. Lingo was sentenced to death by electrocution on August 8, 1969, after conviction of Murder in the Superior Court of Lowndes County. The sentence was stayed for a period of sixty days in order that the State Board of Pardons and Paroles could have sufficient time to conduct an investigation, hold a hearing and pass upon said case.

On November 21, 1969, I granted a stay of execution in the case of the State of Georgia v. John Henry Mitchell. Mitchell was sentenced to death by electrocution on November 26, 1969, after conviction of Rape in the Superior Court of DeKalb 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 January 8, 1970, I granted a stay of execution in the case of the State of Georgia v. Lucious Jackson, Jr. Jackson was sentenced to death by electrocution on January 9, 1970, after conviction of Rape in the Superior Court of Chatham 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.

LM:wd

Sincerely, /s/ Lester Maddox
Lester Maddox Governor

The following resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SR 202. By Senator Walling of the 42nd: A resolution amending the Rules of the Senate; and for other purposes.

The Committee on Rules offered the following substitute:

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457

A RESOLUTION

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

BE IT RESOLVED BY THE SENATE that the Senate Rules are hereby amended by striking paragraph 2 of Rule 241 in its entirety and substituting in lieu thereof the following: "The Communication of any Senator to the President relative to a nomination shall be confidential."

Senators Coggin of the 35th and Walling of the 42nd offered the following substitute to the Committee substitute:
A RESOLUTION
Amending the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Senate Rules are hereby amended as follows:
Section 1: By striking paragraph 2 of Rule 241 in its entirety and substituting in lieu thereof the following: "The Communication of any Senator to the President relative to a nomination shall be confidential."
Section 2: By striking the fourth sentence and substituting in lieu thereof the following: "Any Senator may notify the President in writing that he wishes to have a nomination considered by a standing committee; provided, however, any nomination to the State Board of Education or the Board of Regents shall be considered by a standing committee before consideration by the Senate without the necessity of a written request therefor and said Committee shall notify the Governor of the time, date and place of the Committee meeting for consideration of such nomination."

On the adoption of the substitute, the ayes were 34, nays 0, and the substitute to the Committee substitute was adopted.

On the adoption of the Committee substitute, the ayes were 38, nays 0, and the Committee substitute was adopted by substitute.

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

On the adoption of the resolution, the ayes were 40, nays 0.

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

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Senator Kidd of the 25th gave notice that at the proper time he would move that the Senate reconsider its action on the following resolution of the Senate:

SR 244. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain real property located, within the corporate limits of the City of Milledgeville Baldwin County, to the Board of Trustees of Georgia Military College, and for other purposes.

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd, 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 434. Do pass by substitute. HB 1040. Do pass by substitute.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Smith of the 18th, 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 219. Do pass. HB 1166. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.

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459

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:
HB 1216. Do pass. SB 418. Do pass. SB 414. Do pass. SB 415. Do pass. SB 387. Do pass. SB 404. Do pass. SB 439. Do pass. SB 361. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.

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 bills and resolution of the House and Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations :
HB 212. Do pass by substitute. SB 419. Do pass. SB 420. Do pass. SB 452. Do pass. SR 236. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:

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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 388. Do pass.
SB 436. Do pass. HB 1049. Do pass. HB 1051. Do pass. HB 1157. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman,

Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills 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 291. SB 293.
Respectfully submitted, Eldridge of the 7th District, Chairman.

Senator Trippe of the 31st moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. tomorrow.

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461

Senate Chamber, Atlanta, Georgia, Friday, February 6, 1970.

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Holloway of the 12th reported that the journal of yesterday's proceedings had been read and found correct.

Senator Coggin of the 35th moved that the Senate reconsider its action of yesterday in passing the following bill of the Senate:

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A bill to create the South Fulton Coliseum Authority; to repeal conflicting laws; and for other purposes.

On the motion to reconsider, the ayes were 29, nays 0; the motion prevailed, and SB 444 was placed on the Senate Calendar.

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

Senator Holloway of the 12th 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:

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JOURNAL OF THE SENATE,

Mr. President.

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

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd, Chandler of the 34th and others:
A bill to amend Code Section 92-5001, relating to interest on taxes due the State and counties, so as to change the rate of interest; and for other purposes.

HB 1200. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A bill to amend an Act to amend an Act known as the "Jekyll Island-State Park Authority Act", so as to provide an additional definition for the word "project"; and for other purposes.

HB 1238. By Mr. Collins of the 62nd:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to require each licensee to carry a standard fire and extended coverage insurance policy for the value of the tobacco in his sales warehouse; to repeal conflicting laws; and for other purposes.

HB 1292. By Mr. Rush of the 51st:
A bill to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that whenever the last day prescribed for the exercise of any privilege or the discharge of any duty shall fall on a Saturday, a Sunday, or legal holiday, the period for the exercise of such privileges shall be held the next succeeding day which is not a Saturday or legal holiday; and for other purposes.

HB 1293. By Mr. Rush of the 51st:
A bill to authorize the board of commissioners or other governing authority of each county in this State to provide for the closing of all county offices, one day each week, in addition to closing on Sundays and legal holidays, and also for closing such offices on days designated by the board of commissioners or other governing authority as a special day of mourning, celebration or rest; and for other purposes.

HR 586. By Mr. Davis of the 75th: A resolution compensating Mr. Hubert R. Wood; and for other purposes.

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463

HR 604. By Mr. Johnson of the 29th:
A resolution compensating Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; and for other purposes.

HR 615. By Mr. Westlake of the 75th:
A resolution compensating Mr. E. H. Hartman, Sr.; and for other purposes.

HR 619. By Mr. Bohannon of the 20th: A resolution compensating James Hoyt Hosey; and for other purposes.

HR 632. By Mr. Ballard of the 23rd: A resolution compensating Mr. John H. Moore; and for other purposes.

HR 642. By Messrs. Keyton and Russell of the 70th: A resolution compensating Mr. D. R. Corley; and for other purposes.

HR 644. By Mr. Moate of the 28th: A resolution compensating Mrs. Sam Gray; and for other purposes.

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

HB 179. By Messrs. Gunter of the 6th, Lambert of the 25th, Harris of the 77th, Busbee of the 61st, Jones of the 59th, Sorrells of the 24th, Vaughn of the 74th, Hale of the 1st:
A bill reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.

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

SB 471. By Senator Dean of the 6th:
A bill to amend Code Chapter 88-23, relating to hospital care for the indigent, so as to redefine the term "indigent person" in such a manner as to require that the governing authority of an allegedly indigent

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JOURNAL OF THE SENATE,

person's county of residence shall certify such person as indigent; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 472. By Senator Fincher of the 54th:
A bill to amend the Act known as the "Housing Authorities Law", as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 473. By Senator Fincher of the 54th:
A bill to amend the Act known as the "Urban Redevelopment Law", as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 474. By Senator Dean of the 6th:
A bill incorporating and creating a new charter for the City of Jesup, as amended, so as to provide for recall of the city commissioners, including the mayor, by the voters of the city; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 475. By Senator Adams of the 5th:
A bill to provide that notwithstanding any law to the contrary, the owner or lessee of each motor vehicle which is required to have a Georgia license tag shall pay all taxes on motor fuel or gasoline used by vehicles as if there were no laws exempting certain portions of taxes on motor fuel or used for non-highway purposes; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 476. By Senator Kidd of the 25th:
A bill to amend the Criminal Code of Georgia, as amended, so as to provide that whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

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465

SB 477. By Senator Kennedy of the 4th:
A bill to amend Code Section 27-501, relating to fees of sureties on criminal bonds, as amended, so as to change the maximum amount which may be charged or received by said sureties; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 478. By Senator Holloway of the 12th:
A bill to amend an Act requiring the State Revenue Commissioner to examine the tax digest of several counties, so as to require the State Revenue Commissioner to compare the valuation of the various classes of property within a county and to reject the digest of those counties in which he finds the taxable values of such classes to be not uniform; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 479. By Senators Coggin of the 35th, Holley of the 22nd, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to reduce said amount; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 480. By Senator Dean of the 6th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, as amended, so as to change the corporate limits of the City of Jesup; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 481. By Senator Cox of the 21st:
A bill to authorize the creation within the Department of Law, a Division of Drug Abuse Control; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 482. By Senators Chapman of the 32nd and Rowan of the 8th:
A bill to be entitled an Act to provide for the necessary consent for the treatment of minors for venereal disease; to provide for the necessary consent for the treatment of minors for drug abuse; to provide a certain definition; to provide that physicians or others providing such

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JOURNAL OF THE SENATE,

treatment to such minors may, but shall not be obligated to, inform certain other family members of the minor as to the treatment given or needed; to repeal laws in conflict with; and for other purposes.
Referred to Committee on Health and Welfare.

SB 483. By Senator Spinks of the 9th:
A bill to be entitled an Act to amend Code Section 92-6912, relating to arbitration, as amended, so as to delete therefrom the provisions providing 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; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SR 266. By Senators Walling of the 42nd and Reeder of the 55th: A resolution creating the Fernbank Science Center Commission; and for other purposes.
Referred to Committee on Scientific Research.

SR 267. By Senators Walling of the 42nd and Pennington of the 45th:
A resolution urging the State Board of Education to conduct a study as to the feasibility of introducing into the Public School System instruction in environment and natural resources; and for other purposes.
Referred to Committee on Scientific Research.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd, Chandler of the 34th and others:
A bill to amend Code Section 92-5001, relating to interest on taxes due the State and counties, so as to change the rate of interest; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1200. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A bill to amend an Act known as the "Jekyll Island-State Park Authority Act", so as to provide an additional definition for the word "project"; and for other purposes.
Referred to Committee on Industry and Labor.

FRIDAY, FEBRUARY 6, 1970

467

HB 1238. By Mr. Collins of the 62nd:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to require each licensee to carry a standard fire and extended coverage insurance policy for the value of the tobacco in his sales warehouse; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1292. By Mr. Rush of the 51st:
A bill to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that whenever the last day prescribed for the exercise of any privilege or the discharge of any duty shall fall on a Saturday, a Sunday, or legal holiday, the period for the exercise of such privileges shall be held the next succeeding day which is not a Saturday or legal holiday; and for other purposes.
Referred to Committee on Judiciary.
HB 1293. By Mr. Rush of the 51st:
A bill to authorize the board of commissioners or other governing authority of each county in this State to provide for the closing of all county offices, one day each week, in addition to closing on Sundays and legal holidays, and also for closing such offices on days designated by the board of commissioners or other governing authority as a special day of mourning, celebration or rest; and for other purposes.
Referred to Committee on Judiciary.

HR 586. By Mr. Davis of the 75th: A resolution compensating Mr. Hubert R. Wood; and for other purposes.
Referred to Committee on Appropriations.
HR 604. By Mr. Johnson of the 29th: A resolution compensating Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; and for other purposes.
Referred to Committee on Appropriations.

HR 615. By Mr. Westlake of the 75th:
A resolution compensating Mr. E. H. Hartman, Sr.; and for other purposes.
Referred to Committee on Appropriations.

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HR 619. By Mr. Bohannon of the 20th: A resolution compensating James Hoyt Hosey; and for other purposes.
Referred to Committee on Appropriations.

HR 632. By Mr. Ballard of the 23rd: A resolution compensating Mr. John H. Moore; and for other purposes.
Referred to Committee on Appropriations.

HR 642. By Messrs. Keyton and Russell of the 70th: A resolution compensating Mr. D. R. Corley; and for other purposes.
Referred to Committee on Appropriations.
HR 644. By Mr. Moate of the 28th: A resolution compensating Mrs. Sam Gray; and for other purposes.
Referred to Committee on Appropriations.
HB 179. By Messrs. Gunter of the 6th, Lambert of the 25th, Harris of the 77th and others: A bill reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
The following bills and resolutions of the Senate and House were read the second time:
SB 455. By Senator Dean of the 6th: A bill to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Georgia State Patrol shall be numbered; to provide an effective date; to repeal conflicting laws; and for other purposes.
SB 456. By Senator Doss of the 52nd: A bill to amend an Act relating to the creation of Juvenile Courts in certain counties, as amended, so as to delete the provisions relating to the referral of cases to such Courts involving the custody of a child or children arising out of divorce or habeas corpus proceedings; to repeal conflicting laws; and for other purposes.

FEIDAY, FEBRUARY 6, 1970

469

SB 457. By Senator Zipperer of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill, so as to enumerate the corporate powers of said City; to repeal conflicting laws; and for other purposes.

SB 458. By Senator Zipperer of the 3rd:
A bill to amend an Act relating to the establishing of a City Court of Pembroke in and for the County of Bryan, as amended; to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the Courts of Ordinary in certain counties; to repeal conflicting laws; and for other purposes.

SB 459. By Senators Smith of the 18th and Gillis of the 20th:
A bill to amend Code Section 47-107, relating to the salary, expenses, and mileage of members of the General Assembly, as amended, so as to clarify the provisions relating to expense allowance of members of the General Assembly; to repeal conflicting laws; and for other purposes.

SB 460. By Senator Rowan of the 8th:
A bill to amend Code Chapter 56-31, relating to group and blanket accident and sickness insurance, so as to provide that whenever any group or blanket accident and sickness insurance policy provides for the reimbursement any person shall be entitled to reimbursement for such service whether rendered by a physician or duly licensed applied psychologist; to repeal conflicting laws; and for other purposes.

SB 461. By Senators Stephens of the 36th, Chapman of the 32nd and Ward of the 39th:
A bill to authorize and direct the governing authority of each county and municipality to provide for the hiring of a full-time jailer or jailers for each jail or lockup within the political boundaries affected in order that each said jail shall not be left unattended at any time; to repeal conflicting laws; and for other purposes.

SB 462. By Senator London of the 50th:
A bill to authorize the governing authority of each county having a population of not less than 8,920 and not more than 8,970; to determine and set the salary of the clerk of such governing authority as the said governing authority shall deem proper; to repeal conflicting laws; and for other purposes.

SB 463. By Senators Stephens of the 36th and Chapman of the 32nd:
A bill to repeal Title 76 of the Code of Georgia, as amended, relating to Peace Warrants and Behavior Bonds; to repeal conflicting laws; and for other purposes.

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SB 464. By Senator London of the 50th:
A bill to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; to repeal conflicting laws; and for other purposes.

SB 465. By Senators Rowan of the 8th and Andrews of the 49th:
A bill to provide that the using, furnishing, issuing, distributing or redeeming of trading stamps, coupons or similar devices for the sale of gasoline and other motor fuels shall be unlawful; to repeal conflicting laws; and for other purposes.

SB 466. By Senator Smith of the 18th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to abolish residency requirements for the election of members to the boards; to renumber positions on the board; to repeal conflicting laws; and for other purposes.

SB 467. By Senator Walling of the 42nd:
A bill to amend Title 34A of the Code of Georgia relating to municipal elections, as amended, so as to correct errors and inconsistencies appearing in said Title; to repeal conflicting laws; and for other purposes.

SB 468. By Senator Walling of the 42nd:
A bill to amend an Act providing for home rule for municipalities so as to clarify the provision limiting home rule for the purpose of affecting the procedures connected with the election or appointment of members of the municipal governing authority; to repeal conflicting laws; and for other purposes.

SB 469. By Senator Smith of the 18th:
A bill to amend an Act changing the manner and method of electing members of the board of education of Houston County, as amended, so as to abolish education districts; to repeal conflicting laws; and for other purposes.

SB 470. By Senator Holley of the 22nd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to amend Part I thereof, known as the "Georgia Business Corporation Code", by deleting the requirement that a corporation shall accompany a notice from the State Revenue Commissioner that the corporation has met the requirements concerning reports and taxes; to repeal conflicting laws; and for other purposes.

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471

SR 259. By Senator Dean of the 6th:
A resolution authorizing the conveyance of certain real property located in Jesup, Wayne County, Georgia; and for other purposes.

HB 683. By Messrs. Holder of the 49th and Smith of the 3rd:
A bill to amend an Act entitled "An Act to provide for the inspection of public records; and for other purposes", so as to exempt from the provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of personal privacy; and for other purposes

HB 1199. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A bill to create the Georgia Coastal Islands and Marshlands Planning Commission; and for other purposes.

HB 1208. By Mr. Lee of the 61st:
A bill to establish the Georgia Peace Officer Standards and Training Council; and for other purposes.

HB 1210. By Messrs. Westlake of the 75th, Jones of the 59th, Farmer of the 16th, Lee of the 21st, Miles of the 78th and others:
A bill to amend Code Chapter 47-10 relating to lobbying, so as to change the provisions relating to registration with the Secretary of State; and for other purposes.

HB 1242. By Mr. Leonard of the 3rd:
A bill to reincorporate the City of Chatsworth in the County of Murray; to create a new charter for said city; to prescribe the corporate limits of said city; and for other purposes.

HB 1297. By Messrs. Geisinger and Collins of the 72nd, Atherton of the 117th, Floyd of the 75th, Miller of the 83rd, Battle of the 90th and others:
A bill to regulate the bail bond business in the State of Georgia; to provide for a short title; to provide for definitions; to provide for the powers and duties of the State Insurance Commissioner; to provide for license fees; and for other purposes.

HB 1360. 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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City of Fitzgerald and establishing the new charter therefor, and the several Acts amendatory thereof"; and for other purposes.

HB 1381. By Mr. Moore of the 6th:
A bill to amend an Act of the General Assembly of Georgia, incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the City Limits of said City; and for other purposes.

HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th:
A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to provide for the compensation of the members of said Board; and for other purposes.

HB 1386. By Messrs. Lee, Odom and Hutchinson of the 61st:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Baker County, known as the fee system; and for other purposes.

HB 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st:
A bill to amend an Act creating the Board of Commissioners of Baker County, so as to change the compensation of the members of the Board; and for other purposes.

HR 643. By Mr. Grahl of the 40th:
A resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court of Appeals Reports to the Library of the Superior Court of Peach County; and for other purposes.

HR 659. By Mr. Egan of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income; and for other purposes.

HR 669. By Messrs. Nunn and Peterson of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for

FRIDAY, FEBRUARY 6, 1970

473

the purpose of educating or training certain handicapped citizens of Houston County; 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 Highways, submitted the following report:
Mr. President:
Your Committee on Highways 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 455. Do pass. SB 440. Do pass as amended.
Respectfully submitted, Hensley of 33rd District, Chairman.
The President announced as the doctor of the day, Dr. A. A. Rogers, Jr.
Senator Holloway of the 12th asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.
Scripture reading and prayer were offered by Reverend William M. O'Connor, pastor, First Baptist Church, Manchester, Georgia.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 308. By Senator Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others: A bill to amend an Act creating the offices of State Highway Board, Chairman of State Highway Board, and Treasurer of State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes.

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The House substitute was as follows:

A BILL
To be entitled an Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved February 5, 1951, (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act approved February 23, 1955 (Ga. L, 1955, p. 249), an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L. 1960, p. 1109), an Act approved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved January 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2, 1963 (Ga. L. 1963, p. 282), an Act approved April 9, 1963 (Ga. L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), an Act approved April 4, 1967 (Ga. L. 1967, p. 382), and an Act approved April 8, 1968 (Ga. L. 1968, Vol. 1, p. 1055), so as to authorize the State Highway Board to delegate any or all of its duties, powers and authority to the Director of the State Highway Department, when said Board is not in regular or called session; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1
An Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, approved February 2, 1950 (Ga. L. 1950, p. 62), as amended particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 31), an Act approved February 17, 1953 (Ga. L. 1953, p. 81), an Act approved February 23, 1955 (Ga. L. 1955, p. 249), an Act approved March 25, 1958 (Ga. L. 1958, p. 624), an Act approved March 17, 1960 (Ga. L. 1960, p. 1109), an Act approved January 18, 1961 (Ga. L. 1961, p. 22), an Act approved January 25, 1963 (Ga. L. 1963, p. 3), an Act approved April 2, 1963 (Ga. L. 1963, p. 282), an Act approved April 9, 1963 (Ga. L. 1963, p. 423), an Act approved March 28, 1967 (Ga. L. 1967, p. 151), an Act approved April 4, 1967 (Ga. L. 1967, p. 382), and an Act approved April 8, 1968 (Ga. L. 1968, Vol. 1, p. 1055), is hereby amended by deleting the following language in subsection (a) of Section 4, which reads:

"or any other law heretofore existing"

so that when so amended said subsection (a) of Section 4 shall read as follows:

"Creation of State Highway Board; powers. There is hereby created a State Highway Board composed of one member to be chosen from each Congressional District of the State in the manner hereinafter provided. Said Board shall be charged with the general control and supervision of the State Highway system or roads and bridges, subject however, to the delegation of such duties, powers and authority as may have been vested in the Director of the State Highway Department by this or any other Act."

FRIDAY, FEBRUARY 6, 1970

475

SECTION 2
Said Act is further amended by striking subsection (e) of Section 4 in its entirety and substituting in lieu thereof a new subsection (e) of Section 4, which shall read as follows:
"Director of State Highway Department. There is hereby created the office of Director of the State Highway Department, who shall be the chief executive officer of the State Highway Department, and who when delegated to him by the State Highway Board shall perform, exercise and possess any or all of the duties, powers and authority of the State Highway Board, including but not limited to approval of all contracts and lease agreements, when the said Board is not in regular or called session, and who shall also have full authority to execute contracts, lease agreements and all other functions or undertakings of every kind and character. Such delegation may be withdrawn by said Board at any regular or called session ; provided, however, that nothing contained in this Act shall be construed so as to repeal any prior Acts of the General Assembly of Georgia in respect to defining the powers and duties of the Board and of the Director, as required of the General Assembly by the mandate of Article V, Sec. XI, Par. I, of the Constitution of Georgia. The Director shall qualify by giving oath and bond with duly licensed corporate surety in the sum of $50,000.00, payable to the Governor and his successors in office, to be approved by the Governor and conditioned to faithfully discharge the duties of his office and to account for all money and property coming into his hands, the premium of such bond to be paid from funds of the State Highway Department. The Director shall be a full-time official of the State, and shall receive as compensation the sum of $25,000.00 per annum payable monthly or semi-monthly, plus actual and necessary expenses for travel, lodging and meals, incurred while engaged in the performance of his duties away from the Capitol. No person who serves as Director of the State Highway Department shall be eligible, except as hereinafter provided, to offer as a candidate in any primary, special or general election for any state or federal elective office, nor to hold any such office, except as hereinafter provided, during the time he serves as Director, and for a period of 12 months after the date he ceases to serve as Director; provided, however, nothing contained herein shall prevent the Director from being appointed to any other office, nor disqualify him from running in any election to succeed himself in any office to which he was appointed, nor to hold such office in the event he is elected thereto and otherwise qualifies therefor; provided, however, the Director shall resign as Director of the State Highway Department before accepting any such appointive office."
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 law in conflict with this Act are hereby repealed.

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Senator Webb of the llth offered the following amendment to the House substitute:

Amend by inserting at line 16 of Section 2 after the word "who" the following:

"when so delegated by the Board"

On the adoption of the amendment, Senator Rowan of the 8th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 5th Adams of 26th Andrews Bateman Broun of 46th
Carter Chapman Coggin Doss

Eldridge Garrard Holloway Hudgins Jackson Fatten Plunkett Reeder Riley

Rowan Searcey Smalley Smith of 34th Spinks Stephens Tysinger Ward Webb

Those voting in the negative were Senators :

Abney Brown of 47th
Cox Dean Fincher of 51st Fincher of 54th Gillis Hardy Hensley Hill

Holley Johnson Kennedy Kidd London McGill Miller Noble Padgett Pennington

Reynolds Scott Smith of 18th Starr Trippe Vann Walling Zipperer

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

On the adoption of the amendment, the ayes were 27, nays 28, and the amendment to the House substitute was lost.
Senator Hensley of the 33rd moved that the Senate agree to the House substitute to SB 308.

FRIDAY, FEBRUARY 6, 1970

477

On the motion, 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:

Abney Brown of 47th
Coggin Cox Dean Doss Fincher of 51st Fincher of 54th Gillis Hardy Hensley

Hill Holley Johnson Kennedy Kidd London McGill Miller
Noble Padgett Pennington

Those voting in the negative were Senators:

Adams of 5th Adams of 26th Andrews Bateman Broun of 46th
Garter Chapman Eldridge

Garrard Holloway Hudgins Jackson Patton Plunkett Reeder Rowan

Reynolds Riley Scott Smith of 18th Starr Stephens Trippe Vann Walling Zipperer
Searcey Smalley Smith of 34th Spinks Tysinger Ward Webb

The roll call was verified.

On the motion to agree to the House substitute to SB 308, the ayes were 32, nays 23; the motion prevailed, and the House substitute to SB 308 was agreed to.

Senator Rowan of the 8th gave notice that at the proper time he would move that the Senate reconsider its action in agreeing to the House substitute to
SB 308.

The following general bills of the Senate and House, favorable reported by the committees, were read the third time, and put upon their passage:

SB 406. By Senators Fincher of the 54th, Garrard of the 37th, Reeder of the 55th and others:
A bill to prohibit any person from operating a vehicle on the public highways of this State which discharges into the atmos-

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JOURNAL OF THE SENATE,

phere visible emission obscuring transmission of light beyond 30%, whether such emissions are from the crankcase, the exhaust system, or from any part of the power system; 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 33, nays 0.

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

SB 432. By Senator McGill of the 24th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions for disposing of contraband wildlife or parts thereof which has been seized under the provisions of said Act; 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 433. By Senator McGill of the 24th:
A bill to require the display of information relating to maximum. capacity on watercraft; to provide certain definitions; to provide that a capacity plate be affixed to certain watercraft by the manufacturer or any other person in accordance with such rules and regulations as the State Game and Fish Commission may prescribe; 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 2.

FRIDAY, FEBRUARY 6, 1970

479

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

HB 1169. By Mr. Dixon of the 65th:
A bill to amend Code Chapter 5-9, relating to the regulation and control of honey bees, so as to provide for the inspection of honey bee colonies; 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 1047. By Mr. McClatchey of the 113th:
A bill to regulate take-over bids for the purchase of stock of insurance companies; to prescribe penalties; and for other purposes.

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

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

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

SB 419. By Senator Kidd of the 25th:
A bill to amend an Act authorizing insurance coverage of all of the employees of the State of Georgia, except employees of the State Highway Department, for the receipts of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia, so as to remove the provisions requiring the operating expenses of the office of the Supervisor of Purchases in connection with the Workmen's Compensation Program; 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 40, nays 0.

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

SB 420. By Senator Kidd of the 25th:
A bill to amend Code Section 114-101, relating to the definition of "employer" and "employee", as amended, so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; 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 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.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 33, nays 1.
The bill, having received the requisite constitutional majority, was passed.
SB 404. By Senator Chapman of the 32nd: A bill to authorize and empower the State Department of Family and Children Services to reimbuse the County Commissioners or the legally constituted fiscal or financial agent of the county 100% of the cost of all welfare benefits to patients in a nursing home within the county which is within the confines or under the jurisdiction of any State institution or State Department; and for other purposes.

FRIDAY, FEBRUARY 6, 1970

481

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1051. By Mr. Douglas of the 42nd:
A bill to amend Code Section 67-1307, relating to reconveyances to secure debt and to the right of certain grantors to reconveyance of property upon compliance with contractual provisions, so as to provide that certain reconveyances, in the event of prior death of a grantor, shall be valid and effective to vest title in heirs, personal representatives or successors in title of said deceased grantor as their interests may appear; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 44, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1157. By Messrs. Mason and Nash of the 13th: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a Court Reporter for said Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1166. By Messrs. Nunn and Peterson of the 41st, Clarke of the 33rd and others:
A bill to amend Code Section 114-101, relating to the definition of the term "Employer" and "Employee" for the purposes of Workmen's Compensation, so as to authorize planning commissions created pur-

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JOURNAL OF THE SENATE,

suant to Section 1 of an Act relating to the creation of planning commissions by certain political subdivisions to provide workmen's compensation for their 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 33, nays 0.

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

HB 1049. By Mr. Douglas of the 42nd:
A bill to amend Code Section 26-2702, relating to gambling, so as to provide that a person commits gambling when he plays and bets for money or other thing of value at any game played with cards, dice or balls; and for other 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 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 26th Andrews Bateman Broun of 46th
Brown of 47th Carter Chapman
Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill
Noble Padgett Reeder Reynolds Riley

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Ward Webb Zipperer

FRIDAY, FEBRUARY 6, 1970

483

Those voting in the negative were Senators:

Adams of 5th Miller

Patton

Pennington

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

On the passage of the bill, the ayes were 47, nays 4.

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

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 violations ; and for other purposes.

The Committee on Industry and Labor offered the following substitute:
A BILL
To be entitled an Act to create the "Coastal Marshlands Protection Agency"; to provide a short title; to define certain terms; to provide for the membership of the Agency; to provide for the election of a Chairman; to provide for the appointment of an executive secretary and of representatives and agents by designated members; to provide for payment of expenses; to provide for the powers and duties of the Agency; to provide for applications to alter marshlands; to provide for the procedure for filing applications; to provide for gathering of information by Agency members; to provide for the issuance of permits; to provide for conditional permits; to provide for denial of permits under certain conditions; to provide for appeals; to provide for policing; to provide for injunctions; to provide for posting permits; to provide for the transfer of permits; to provide penalties for violations; to provide for exceptions; to provide for emergency powers; to provide for severability; to repeal conflicting laws; and for other purposes.
WHEREAS, scientific research has established that the estuarine area of Georgia is the habitat of many species of marine life and wildlife, and without the food supplied by the marshlands, such marine life and wildlife cannot survive; and
WHEREAS, intensive marine research has revealed that the estuarine marshlands of coastal Georgia are among the richest providers of nutrients in the world; and

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WHEREAS, the marshlands of Georgia provide a great buffer against flooding and erosion, and help control and disseminate many pollutants; and

WHEREAS, the estuarine areas and coastal marshlands provide a unique form of outdoor recreation for the people of our State; and

WHEREAS, it is in the public interest that the State of Georgia regulate the use of the coastal marshlands by the exercise of its police power in order to protect the welfare, health and safety of the citizens of this State; and

WHEREAS, in the exercise of this police power the State of Georgia recognizes that it is necessary for the economic growth and development of the coastal area that provision be made for the future use of some of the marshlands for industrial and commercial purposes; and

WHEREAS, it is the intent of the General Assembly that any use of the marshlands be balanced between protection of the environment on the one hand and industrial and commercial development on the other.

NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Short Title This Act shall be known and may be cited as the "Coastal Marshlands Protection Act of 1970".

Section 2. Definitions Unless clearly indicated otherwise by the context, the following terms, when used in this Act, shall have the meanings respectively ascribed to them in this Section:

(a) "Coastal marshlands" hereinafter referred to as "marshlands" means any marshland or salt marsh in the State of Georgia, within the estuarine area of the State, whether or not the tide waters reach the littoral areas through natural or artificial water courses. Marshlands shall include those areas upon which grow one, but not necessarily all, of the following: saltmarsh grass (Spartina alterniflora), black grass (Juncus gerardi), high-tide bush (Iva frutescens var. oraria). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof.

(b) "Estuarine area" means all tidally-influenced waters, marshes and marshlands lying within a tide-elevation range from five and six tenths (5.6) feet above mean tide level and below.

(c) "Person" means any individual, partnership, corporation, municipal corporation, county, association, public or private authority, and
shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions or other agencies, unless specifically exempted by the provisions of this Act.

FRIDAY, FEBRUARY 6, 1970

485

(d) "Applicant" means any person who files an application tinder the provisions of this Act.

(e) "Political subdivision" means the governing authority of a county or a municipality in which the marshlands to be affected or any part thereof are located.

(f) "Agency" means the Coastal Marshlands Protection Agency.

Section 3. Creation of the Coastal Marshlands Protection Agency. (a) There is hereby created, as an autonomous division of the State Game and Fish Commission, the Coastal Marshlands Protection Agency which shall administer the provisions of this Act.

(b) The Agency shall be composed of seven (7) members as follows:
(1) The Director of the State Game and Fish Commission.
(2) The Executive Director of the Ocean Science Center of the Atlantic.
(3) The Executive Secretary of the Water Quality Control Boar3.
(4) The Director of the Coastal Area Planning and Development Commission.
(5) The Executive Director of the Georgia Ports Authority.
(6) The Director of the Department of Industry and Trade.
(7) The Attorney General or their appointed representatives. In the event one of the members of the Agency designated herein appoints a representative, such representative shall be an employee of the same State agency or department as the official making the appointment.
(c) A majority of the members of the Agency shall elect a chairman from among the members who shall serve for a period of four years from the date of his election and until his successor is elected.
(d) The members of the Agency shall receive no compensation for their services, but shall be entitled to receive actual expenses incurred in the performance of their duties from the agency or department with which employed.
Section 4. Powers and Duties of Agency. (a) The Agency shall have the following powers and duties:
(1) To promulgate such rules and regulations as may be necessary to effectuate the provisions of this Act; provided, however, that such

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rules and regulations shall not be of any force and effect unless two public hearings be held after notice thereof has been publicized in the legal organ in the counties of Chatham, Camden, Glynn, Mclntosh, Liberty and Bryan once a week for two consecutive weeks immediately prior to such hearings.

(2) To administer and enforce the provisions of this Act and all rules, regulations and orders promulgated thereunder.
(3) To examine and pass upon applications to alter marshlands.
(4) To revoke permits of applicants who fail or refuse to carry out their proposals.
(5) To accept monies that are available from government units and private organizations.
(6) To institute and prosecute all such court actions as may be necessary to obtain the enforcement of any order issued by the Agency in carrying out the provisions of this Act.
(7) To exercise all incidental powers necessary to carry out the purposes of this Act.
(b) The above and foregoing powers, may except for the rule making powers, be exercised and duties performed by the Agency through such duly authorized agents and employees as it deems necessary and proper including an executive secretary.
Section 5. Applications, Procedure. (a) No person shall remove, fill, dredge or drain or otherwise alter any marshlands in this State within the estuarine area thereof without first obtaining a permit from the Coastal Marshlands Protection Agency.
(b) Each application for such a permit shall be filed with the State Game and Fish Commission and shall include
(1) Name and address of applicant.
(2) A plan or drawing showing the applicant's proposal and the manner or method by which such proposal shall be accomplished.
(3) A plat of the area in which the proposed work will take place.
(4) A copy of the deed or other instrument under which the applicant claims title to the property, or if the applicant is not the owner, then a copy of the deed or other instrument under which the owner claims title together with written permission from the owner to carry out the project on his land. In lieu of a deed or other instrument referred to in this paragraph 3 the Agency may accept some other reasonable evidence of ownership of the property in question or other lawful authority to make use of the property.

FRIDAY, FEBRUARY 6, 1970

487

(5) A list of all adjoining landowners together with such owners' addresses. If the ownership of adjoining landowners cannot be determined or if addresses cannot be ascertained, the applicant shall file in lieu thereof a sworn affidavit that a diligent search has been made but the applicant was not able to ascertain the owners or addresses as the case may be of adjoining landowners.

(6) A certificate from the local governing authority(s) of the political subdivision (s) in which the property is located stating that the applicant's proposal is not violative of any zoning law, ordinance or other local restrictions which may be applicable thereto. If in the judgment of the Agency a zoning permit is not needed prior to considering an application, it may waive this requirement and issue a conditional permit based upon the condition that the applicant acquire and forward a permit from the local political subdivision prior to commencement of work. No work shall commence until this requirement is fulfilled.

(7) A certified check or money order in the amount of $25.00 for
each acre of land or portion thereof to be affected payable to the Coastal Marshlands Protection Agency to defray administrative costs. No applicant shall be required to pay in excess of $500.00 for any one proposal regardless of the number of acres to be affected.

(c) A copy of each application for a permit shall be delivered to each member of the Agency within seven days from receipt thereof.

(d) The Director of the State Game and Fish Commission within thirty days of receipt of an application shall notify in writing all adjoining landowners of the application and shall indicate the use the applicant proposes to make of the property. Should the applicant indicate that any adjoining landowner is unknown or that the address of such landowner is unknown, then the member of the Agency to which the application for permit is filed shall cause a notice of the proposed activity and a brief description of the land to be affected to be published in a legal organ of the county or counties in which said land lies within thirty days of receipt of the application.

Should the property to be affected by applicant be bordered on any side or on more than one side by other property of applicant, applicant shall supply the names and addresses of the nearest landowners other than applicant and bordering on applicant's land or a sworn statement of diligent search as provided above in this Act. The landowner so named shall be notified either directly or by advertisement as provided above in this Section. Any member may also make inquiry to adjoining landowners to ascertain whether or not there is objection to issuance of a permit.

(e) In passing upon the application for permit, the Agency shall consider the public interest which, for purposes of this Act, shall be deemed to be the following considerations:

(1) Whether or not any unreasonably harmful obstruction to or alteration of the natural flow of navigable water within such area will arise as a result of the proposal.

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(2) Whether or not unreasonbly harmful or increased erosion, shoaling of channels or stagnant areas of water will be created to such extent as to be contrary to the public interest.

(3) Whether or not the granting of a permit and the completion of the applicant's proposal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs and clams or any marine life or wildlife or other natural resources, including but not limited to, water and oxygen supply to such an extent as to be contrary to the public interest.

(f) If the Agency finds that the application is not contrary to the public interest as heretofore specified, it shall issue to the applicant a permit. Such permit may be conditioned upon the applicant's amending the proposal to take whatever measures are necessary to protect the public interest. The Agency shall act upon an application for permit within ninety days after the application is filed.

(g) In the event a majority of the members of the Agency determine that a permit should be denied, the application for permit shall be denied, and any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in subparagraph (j) of this Section.

(h) In the event any member of the Agency determines that a conditional permit should be issued the member of the Agency making such determination shall notify the other members of the Agency in writing of the conditions and the reasons therefor, and the Agency shall
have an additional 15 days to act with regard to the application. Should a majority of the members of the Agency agree that such permit should be conditional the permit shall be issued on such conditions as a majority of the Agency directs. If less than a majority agrees that such permit should be conditional, the permit shall be issued without such conditions. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in subparagraph (j) of this Section.

(i) No permit shall be issued unless the proposed change of use of the area shall be completed within two (2) years next after the date of the issuance of such permit. Such time may be extended for good cause upon showing that all due efforts and diligence toward the completion of the work have been made. Any permit may be revoked for noncompliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof.

(j) Any person who is aggrieved or adversely affected by any final order or action of the Agency shall have the right to a hearing and such hearing shall be conducted pursuant to the Georgia Administrative Procedure Act (Ga. Laws 1964, p. 338, et. reg.) as now or hereafter amended.

Section 6. The State Game and Fish Commission, through its officers and wildlife rangers, shall in addition to their other duties prescribed by law make reasonable inspections of the marshlands to

FRIDAY, FEBRUARY 6, 1970

489

ascertain whether the requirements of this Act and the rules, regulations and permits promulgated or issued hereunder are being faithfully complied with. Any violations shall be immediately reported to the Coastal Marshlands Protection Agency.

Section 7. The Superior Court of the county in which the land or any part thereof lies shall have jurisdiction to restrain a violation of this Act at the suit of any person. In the event the land lies in more than one county and is divided equally between two or more counties, jurisdiction shall be in the Superior Court of any county in which said land lies.

Section 8. Posting of Permit. A certified copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the Agency deems it advisable, the applicant may be required to cause a sign to be erected bearing the permit number, date of issuance, name of applicant and such other information as the Agency may reasonably require. The type and size of the sign reasonable in dimensions may be specified by the Agency.

Section 9. In the event of sale, lease, rental or other conveyance by an applicant to whom a permit is issued, such permit shall be continued in force in favor of the new owner, lessee, tenant or other assignee so long as there is no change in the use of the land as set forth in the original application.

Section 10. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.

Section 11. Exceptions. The provisions of this Act shall not apply to the following:

(a) Activities of the State Highway Department incident to construction, repairing and maintaining a public road system in Georgia;
(b) Agencies of the United States charged by law with the responsibility of keeping the rivers and harbors of this State open for navigation and agencies of this State charged by now existing law with the responsibility of keeping the rivers and harbors of this State open for navigation, including areas for utilization for spoilage designated by such agencies;
(c) Activities of public utility companies regulated by the Public Service Commission incident to constructing, erecting, repairing and maintaining utility lines for the transmission of gas, electricity or telephone messages;
(d) Activities of companies in constructing, erecting, repairing and maintaining railroad lines and bridges;
(e) Activities of political subdivisions incident to constructing, repairing, and maintaining pipelines for the transport of water and sewage;

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(f) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of residences located on highland adjoining such docks.

Section 12. Emergency Powers. In the event of an emergency whether created by Act of God, actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists, the provisions of this Act shall be suspended for such period. The burden of proof shall be upon the person or persons relying upon this Section
to establish that such an emergency did indeed exist.

Section 13. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or un-
constitutional.

Section 14. All 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 substitute was adopted.

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

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

The bill, having received the requisite constitutional majority, was passed by substitute.
At the direction of the President, the following statement by Senator Pennington of the 45th District, made on the floor of the Senate, was entered into the journal.
"In late summer of 1969, I contacted infectious hepatitis. I was confined to Morgan Memorial Hospital and to my home in bed for a period of two and a half months by my physician, Dr. Clyde McGeary, Jr. Dr. McGeary advised me that it will be about six months before I have completely recovered from the damage done by infectious hepatitis.
On certain days, due to this disease, I will be unable to be present at my desk in the Senate Chamber. By previous commitment,

FRIDAY, FEBRUARY 6, 1970

491

the President of the Senate has graciously agreed not to call for consideration any bill that affects agriculture, natural resources, or my district, on the days I must be absent."

Senator Spinks of the 9th moved that the following bill of the Senate be recommitted to the Committee on Banking and Finance:

SB 353. By Senator Spinks of the 9th:
A bill to amend Code Chapter 56-24 relating to the Insurance Contract in General; so that the insurance will provide the insured with full freedom of choice in the selection of any doctor or therapist duly licensed to practice the healing arts in this State; to repeal conflicting laws; and for other purposes.

On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 353 was recommitted to the Committee on Banking and Finance.

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:30 o'clock A. M. Monday, and the motion prevailed.

The President announced the Senate adjourned until 9:30 o'clock A. M. Monday.

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Senate Chamber, Atlanta, Georgia, Monday, February 9,1970.

The Senate met pursuant to adjournment at 9:30 o'clock A. M. today, 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.

Senator Rowan of the 8th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Reverend Gilbert Ramsey, pastor, First Methodist Church, Tifton, Georgia.

Senator Rowan of the 8th moved that the Senate reconsider its action of Friday in agreeing to the House substitute to the following bill of the Senate:

SB 308. By Senators Hensley of the 33rd, McGill of the 24th, Smith of the 18th and others:
A bill to amend an Act creating the offices of State Highway Board, Chairman of the State Highway Board, and Treasurer of State Highway Department, so as to authorize State Highway Board to delegate any or all of its duties, powers and authority to the Director of State Highway Department when said Board is not in regular or called session; and for other purposes.

On the motion to reconsider, Senator Rowan 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 Andrews Bateman Carter
Eldridge Hensley Johnson

Miller Patton Plunkett Reeder
Rowan Searcey Smalley

Smith of 34th Spinks Stephens Tysinger
Walling Ward Webb

MONDAY, FEBRUARY 9, 1970

493

Those voting in the negative were Senators:

Abney Adams of 5th Broun of 46th Brown of 47th Chapman Cox Dean Doss Fincher of 51st Fincher of 54th Gillis

Hardy Hill Holley Hudgins Jackson Kennedy Kidd London McGill Noble Padgett

Pennington Reynolds Riley Scott Smith of 18th Starr Trippe Vann Young Zipperer

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

On the motion, the ayes were 21, nays 32, and the motion to reconsider action on SB 308 was lost.

The President announced as the doctor of the day, Dr. George P. Session, and as the nurse of the week, Mrs. Linda Carroll.

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

Senator Webb of the llth asked unanimous consent that the following be established as the order of business for today:
1. Introduction of bills and resolutions. 2. First reading and reference of 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, tha Clerk thereof:

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Mr. President:

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

HB 736. By Messrs. Townsend of the 115th, Brantley of the 114th, Alexander of the 108th, Gates of the 95th and others:
A bill to create a racing commission in certain counties of this State for the regulation, licensing, and supervision of dog and horse racing, and wagering thereon; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

HB 1093. By Mr. Gaynor of the 88th:
A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to authorize retirement benefits for the judges of said Court; to authorize payment of said retirement benefits; to provide for the time of retirement; to repeal conflicting laws; and for other purposes.
HB 1186. By Messrs. Nunn of the 41st and Peterson of the 41st:
A bill to amend an Act creating a new charter for the City of Perry, so as to provide that after the 1970 general election, the general election in the City of Perry shall be conducted in each odd-numbered year; to repeal conflicting laws; and for other purposes.
HB 1328. By Messrs. Fallin of the 63rd and Bostick of the 63rd:
A bill to amend an Act creating the office of tax commissioner of Colquitt County, so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes.
HB 1366. By Messrs. Caldwell of the 39th and Smith of the 39th:
A bill to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; to repeal conflicting: laws; and for other purposes.
HB 1367. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act creating a new charter for the City of Thomaston, as amended, so as to provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 9, 1970

495

HB 1368. By Messrs. Caldwell of the 39th and Smith of the 39th:
A bill to amend an Act creating a new charter for the City of Thomaston, as amended, 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 1389. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and others:
A bill to amend Sec. 92-6201, Code of Georgia, relating to time to make tax returns which said amendment shall be applicable to all counties having therein the greater part of a city of more than 400,000 population; and for other purposes.

HB 1392. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Carnes of the 104th, Ezzard of the 102nd, Gates of the 95th, 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 amended, so as to change the designation of the officers to whom this Act relates to "first assistant district attorney" and "trial assistant district attorney", respectively; to repeal conflicting laws; and for other purposes.

HB 1393. By Messrs. Harris and Farrar of the 77th, Westlake, Davis, Floyd and Higginbotham of the 75th, Morris of the 73rd, Collins of the 72nd and others:
A bill to provide for and regulate the payment out of the county treasuries of the circuit of official court reporters of the Superior Courts in judicial circuits of this State having therein a county of not less than 250,000 population and not more than 500,000, population according to the 1960 United States Census or any future United States census; to repeal conflicting laws; and for other purposes.

HB 1394. 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, Georgia; to repeal conflicting laws; and for other purposes.

HB 1396. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members of the Board of the Wayne County Hospital Authority; to repeal conflicting laws; and for other purposes.

HB 1398. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, as amended, so as to change the compensation of the mayor and city com-

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missioners; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1399. By Mr. Douglas of the 42nd:
A bill to amend an Act placing the sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy sheriff of Johnson County; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1400. By Mr. Phillips of the 50th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new Board of Commissioners; to repeal conflicting laws; and for other purposes.

HB 1401. By Mr. Dailey of the 53rd:
A bill to amend an Act creating a new charter for the City of Edison, as amended, so as to change the terms of office of mayor and councilmen; to repeal conflicting laws; and for other purposes.

HB 1402. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act incorporating the City of Ocilla, so as to provide for an increase in fines and other punishment for all offenses against the ordinances of said city; to repeal conflicting laws; and for other purposes.

HB 1403. By Mr. Hudson and Dorminy of the 48th:
A bill to provide for the disposition and application of insolvent costs from fines and forfeitures arising from traffic cases in the court of ordinary in certain counties; to repeal conflicting laws; and for other purposes.

HB 1404. By Messrs. Hudson of the 48th and Dorminy of the 48th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, as amended, so as to change the salary of the clerk; to repeal conflicting laws; and for other purposes.

HB 1407. By Mr. Jones of the 59th:
A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, as amended, so

MONDAY, FEBRUARY 9, 1970

497

as to change the compensation of the clerk; to repeal conflicting laws; and for other purposes.

HB 1408. By Mr. Jones of the 59th:
A bill to amend an Act establishing the City Court of Hinesville, as amended, so as to change the salary of the Solicitor of said Court; to repeal conflicting laws; and for other purposes.

HB 1409. By Mr. Jones of the 59th:
A bill to place the Coroner of Liberty County on a monthly salary in lieu of the fee system of compensation; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1410. By Mr. Jones of the 59th: A bill to amend an Act establishing the City Court of Hinesville, as amended, so as to change the salary of the judge of said court; to repeal conflicting laws; and for other purposes.
HB 1411. By Mr. Jones of the 59th: A bill to amend an Act supplementing the fees of the Ordinary of Liberty County, as amended, so as to change such supplemental compensation; to repeal conflicting laws; and for other purposes.
HB 1412. By Mr. Jones of the 59th: A bill to amend an Act creating the office of Tax Commissioner of Liberty County, as amended, so as to change the compensation of the Tax Commissioner; to repeal conflicting laws; and for other purposes.
HB 1413. By Messrs. Harris of the 77th, Adams of the 100th, Carnes of the 104th, Lane of the 101st and others: A bill to amend an Act applying to counties having a population of not less than 300,000 by the last or any future decennial census and directing the county commissioners thereof to pay to the board of education all commissions which would have been retained by the commissioner for school taxes, so as to make said Act applicable to counties having a population of not less than 500,000; to provide an effective date; to repeal conflicting laws; and for other purposes.
HB 1414. By Messrs. Westlake of the 75th, Harris of the 77th and others: A bill to amend Code Section 92-6201, relating to the time for making tax returns, as amended, so as to provide that the tax commissioner of

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any county of this State having a population of not less than 250,000, nor more than 500,000, may eliminate the penalty for failure to timely file tax returns on motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1415. By Messrs. Westlake of the 75th, Harris of the 77th, Thomason of the 77th and others:
A bill to repeal an Act entitled "Revision and Completion of Tax Assessments in Certain Counties" to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1417. By Messrs. Snow and Crowe of the 1st:
A bill to amend an Act incorporating the City of Lookout Mountain, so as to define certain terms; to further define the corporate limits of said city; to increase the limit for purchases which may be made without advertisement and competitive bids; to repeal conflicting laws; and for other purposes.

HB 1418. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the Superior Court, sheriff's deputies, and tax collector, the ordinary, and the coroner; and for other purposes.

HB 1419. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahoochee County on a salary in lieu of a fee basis, so as to change the compensation of the sheriff; and for other purposes.

HB 1420. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act repealing an Act creating a commissioner of roads and revenues for McDuffie County and creating a three-member board of commissioners of roads and revenues for McDuffie County, so as to change the compensation of the chairman and members of said Board; and for other purposes.

HB 1422. By Mr. Knowles of the 22nd:
A bill to authorize and empower the board of county commissioners in certain counties of this State to prescribe, impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for admission to places of amusement, sport or entertainment; and for other purposes.

MONDAY, FEBRUARY 9, 1970

499

HB 1424. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act providing a new charter for the City of Sylvester, so as to authorize said city to extend its electric power lines, water mains, sewerage service lines, and natural gas lines beyond the corporate limits of the City of Sylvester and to serve customers on mains and lines so extended at rates fixed by it; and for other purposes.

HB 1425. By Messrs. Rainey and Bowen of the 47th:
A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi.fas. which are issued by the tax commissioners; and for other purposes.

HB 1426. By Messrs. Rainey and Bowen of the 47th:
A bill to authorize the governing authority of Worth County to make a full and final settlement of all claims of the sheriff and clerk of the superior court of said county respecting the fine and forfeiture fund of said county; and for other purposes.

HB 1428. By Mr. Jordan of the 55th:
A bill to create a new board of education of Coffee County; to provide for the membership of said board; and for other purposes.

HB 1429. By Mr. Jordan of the 55th:
A bill to amend an Act establishing a new charter for the City of Nicholls, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes.

HB 1430. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board, so as to provide that each member of the Advisory Board shall be elected by the qualified voters of the whole county; to change the compensation of the Commissioner and of the Advisory Board; and for other purposes.

HB 1431. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and providing in lieu thereof an annual salary, so as to change the daily sum allotted to the sheriff for the purpose of feeding prisoners; and for other purposes.

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HB 1435. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of said City; and for other purposes.

HB 1436. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th:
A bill to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; and for other purposes.

HB 1437. By Mr. Harrison of the 66th:
A bill to create and establish the Folkston-Charlton County Airport Authority; and for other purposes.

HB 1438. By Mr. Harrison of the 66th:
A bill to provide for the election of the members of the board of education of Charlton County; to provide for a referendum; and for other purposes.

HB 1439. By Mr. Harrison of the 66th:
A bill to amend an Act creating a Board of Commissioners of Charlton County; so as to increase the number of Commissioners; and for other purposes.

HB 1440. 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 the tax commissioner of Camden County; and for other purposes.

HB 1441. By Mr. Harrison of the 66th:
A bill to amend an Act placing the sheriff of Brantley County upon an annual salary, so as to provide that it shall be within the sole discretion of the sheriff as to who will be appointed deputy sheriff; and for other purposes.

HB 1443. By Messrs. Wilson, McDaniell, Henderson, Atherton, Housley, Kreeger and Burruss of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the maximum compensation which may be paid to assistant district attorneys; and for other purposes.

MONDAY, FEBRUARY 9, 1970

501

HB 1449. By Messrs. Russell and Keyton of the 70th:
A bill to amend an Act placing the sheriff of Thomas County on a salary system of compensation in lieu of the fee system, so as to change the compensation of the sheriff; and for other purposes.

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal government 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.

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

HB 327. By Messrs. Smith of the 3rd and Horton of the 95th:
A bill to establish the Georgia State Board of Hearing Aid Dealers and Dispensers; and for other purposes.

HB 921. By Mr. Jones of the 84th:
A bill to repeal an Act requiring all statehouse officers and appointees of any department of State and county officers who receive fees and compensation other than salary to keep a daily account of such fees and compensation and to make sworn itemized statements with the Comptroller General of the State; and for other purposes.

HB 1071. By Mr. Jordan of the 74th:
A bill to require the driver of each wrecker to sweep or otherwise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his removing any wrecked automobile from the scene of an accident; and for other purposes.

HB 1114. By Messrs. Cooper and Wood of the llth and Matthews of the 63rd:
A bill to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, so as to change the licensing requirements for poultry processing plants; and for other purposes.

HB 1240. By Mr. Williams of the llth:
A bill to amend Code Section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, so as to provide that the

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term "motor carrier" shall not include motor vehicles engaged in the transportation of poultry and processed poultry; and for other purposes.

HB 1327. By Messrs. Fallin and Bostick of the 63rd:
A bill to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

HB 1361. ByMr.Egan of the 116th:
A bill to amend Code Title 34, known as the "Georgia Election Code", so as to change the provisions relating to different vote registration requirements and voting procedures in regard to elections for presidential and vice presidential electors and for the governor and lieutenant governor for certain electors; 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; and for other purposes.

SB 319. By Senator Smalley of the 28th:
A bill to amend an Act of the General Assembly of Georgia approved March 20, 1943, providing for the establishment of common trust funds, as heretofore amended, by authorizing trust institutions to deliver money securities not readily saleable at the market price, to provide for the valuation of securities; and for other purposes.

SB 334. By Senator Adams of the 26th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, as amended, so as to provide that, when certain individual policies of accident and sickness insurance provide benefits for hospital care; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

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; and for other purposes.

MONDAY, FEBRUARY 9, 1970

503-

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

HR 664. By Messrs. Caldwell and Smith of the 39th:
A resolution to amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.

HR 680. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County; and for other purposes.

HR 692. By Messrs. Bohannon and Patterson of the 20th:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County; and for other purposes.

HR 695. By Messrs. Westlake, Davis, Higginbotham and Floyd of the 75th, Morris and Bell of the 73rd, Harris, Farrar, Thomason of the 77th and others:
A resolution creating the DeKalb County Retirement System Study Commission; and for other purposes.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1123. By Mr. Rush of the 51st:
A bill to repeal an Act entitled "An Act to amend Code Section 59-101 relating to the appointment, numbering, qualifications, terms and removal of jury commissioners, so as to provide for the appointment of jury commissioners in counties having a population of not less than 3600 and not more than 4500; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 1041. By Mr. Melton of the 32nd:
A bill to provide for the establishment of fire protection districts in Spalding County, pursuant to constitutional provisions relative thereto;. and for other purposes.

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

HB 1358. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties relative only to endorsement of late motor vehicle tag applications and the penalties and fees in relation thereto and to the collection of all 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; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 312. By Senator Holloway of the 12th:
A bill to amend an Act creating the State Board of Workmen's Compensation, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; and for other purposes.

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

HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd, Maxwell of the 78th, Jones of the 59th and others:
A bill to amend Chapter 13-2 of Title 13 of the Code of Ga. known as the "Banking Law of Ga." as amended, relating to the definition of terms and the regulation of banks, so as to redefine the terms "branch bank", "bank office", "bank facility", "village", and to define the term "county"; to repeal conflicting laws; and for other purposes.

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

SB 484. By Senators Johnson of the 38th, Hardy of the 56th, Smith of the 34th and others:
A bill to amend an Act providing for the construction and operation of airports, so as to provide for the acquisition of property to act as a buffer zone; to provide that no property for buffer zone purposes shall be acquired at a distance greater than two miles from the airport; and for other purposes.
Eeferred to Committee on Public Utilities and Transportation.

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505

SB 485. By Senator Vann of the 10th:
A bill to provide for the election of the members of the Board of Education of Mitchell County; to provide for education districts; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 486. By Senator Vann of the 10th:
A bill to provide that Mitchell County School Superintendent shall be appointed by the Mitchell County Board of Education upon the termination of the present term of office of the present Mitchell County School Superintendent; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 487. By Senator Vann of the 10th:
A bill to amend an Act creating a new charter for the City of Baconton, as amended, so as to provide that primaries and elections conducted in said city shall be conducted in conformity with the Municipal Election Code; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 488. By Senators Spinks of the 9th and McGill of the 24th:
A bill to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain conditions; to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

SB 489. By Senator Holley of the 22nd:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations, companies, or persons, firms, or associations owning, leasing, managing or operating a radio common carrier system as defined in the Act; to repeal conflicting laws; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SB 490. By Senators Johnson of the 38th, Coggin of the 35th, Hardy of the 56th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.

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SR 271. By Senator Smith of the 18th: A resolution amending the Rules of the Senate; and for other purposes.
Referred to Committee on Rules.

SR 272. By Senator Webb of the llth:
A resolution amending a resolution creating the Constitution Revision Commission, so as to authorize payment of certain members of the Commission; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SR 273. By Senator Hensley of the 33rd:
A resolution creating the Joint House-Senate Transportation Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 274. By Senators Fincher of the 51st, Kidd of the 25th, McGill of the 24th and others:
A resolution proposing an amendment to the Constitution, so as to change the size of the State Board of Corrections; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SR 275. By Senators Kidd of the 25th and Fineher of the 51st:
A resolution commending the State Board of Pharmacy and urging the Board to expand its drug abuse education program; and for other purposes.
Referred to Committee on Health and Welfare.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 327. By Messrs. Smith of the 3rd and Horton of the 95th:
A bill to establish the Georgia State Board of Hearing Aid Dealers and Dispensers; and for other purposes.
Referred to Committee on Health and Welfare.

MONDAY, FEBRUARY 9, 1970

507

HB 921. By Mr. Jones of the 84th:
A bill to repeal an Act requiring all statehouse officers and appointees of any department of State and county officers who receive fees and compensation other than salary to keep a daily account of such fees and compensation and to make sworn itemized statements with the Comptroller General of the State; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

HB 1071. By Mr. Jordan of the 74th:
A bill to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his removing any wrecked automobile from the scene of an accident; and for other purposes.
Referred to Committee on Highways.

HB 1114. By Messrs. Cooper and Wood of the llth and Matthews of the 63rd:
A bill to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, so as to change the licensing requirements for poultry processing plants; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1240. By Mr. Williams of the llth: A bill to amend Code Section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of poultry and processed poultry; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd and others:
A bill to amend Chapter 13-2 of Title 13 of the Code of Georgia known as the "Banking Law of Georgia", relating to the definition of terms and the regulation of banks, so as to redefine the terms "Branch Bank", "Bank Office", "Bank Facility", "Village", and to define the term "county"; and for other purposes. Referred to Committee on Banking and Finance.
HB 1358. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th: A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties relative only to en-

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dorsement of late motor vehicle tag applications and the penalties and fees in relation thereto and to the collection of all fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1361. By Mr. Egan of the 116th:
A bill to amend Code Title 34, known as the "Georgia Election Code", so as to change the provisions relating to different voter registration requirements and voting procedures in regard to elections for presidential and vice presidential electors and for the governor and lieutenant governor for certain electors; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1403. By Messrs. Hudson and Dorminy of the 48th:
A bill to provide for the disposition of insolvent costs from fines and forfeitures arising from traffic cases in certain counties; and for other purposes.
Referred to Committee on Judiciary.

HB 736. By Messrs. Townsend of the 115th, Brantley of the 114th, Alexander of the 108th, and others: A bill to create a racing commission in certain counties of this State for the regulation, licensing, and supervision of dog and horse racing, and wagering thereon; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1093. By Mr. Gaynor of the 88th: A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to authorize retirement benefits for the judges of said Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1186. By Messrs. Nunn and Peterson of the 41st: A bill to amend an Act creating a new charter for the City of Perry, so as to provide that after the 1970 general election, the general election in the City of Perry shall be conducted in each odd-numbered year; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 9, 1970

509

HB 1327. By Messrs. Fallin and Bostick of the 63rd:
A bill to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.
Referred to Committee on Judiciary.

HB 1328. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend an Act creating the office of tax commissioner of Colquitt County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1366. By Messrs. Caldwell and Smith of the 39th:
A bill to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1367. 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 provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1368. 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 1389. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th and others:
A bill to amend Section 92-6201 of the Code of Georgia, relating to the time to make tax returns which said amendment shall be applicable to all counties having therein the greater part of a city having a population of more than 400,000; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1392. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Carnes of the 104th and others:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to change the designation of the officers to whom this Act relates to "first assistant district attorney" and "trial assistant district attorney", respectively; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1393. By Messrs. Harris and Farrar of the 77th, Westlake, Davis, Floyd and Higginbotham of the 75th, Morris of the 73rd and others:
A bill to provide for and regulate the payment out of the county treasuries of the circuit of official court reporters of the Superior Courts in judicial circuits of this State having therein a county of not less than 250,000 population and not more than 500,000; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1394. 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; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1396. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members of the Board of Wayne County Hospital Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1398. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, 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 1399. By Mr. Douglas of the 42nd:
A bill to amend an Act placing the sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy sheriff of Johnson County; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 9, 1970

511

HB 1400. By Mr. Phillips of the 50th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new Board of Commissioners, 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 1401. 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 1402. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act incorporating the City of Ocilla, so as to provide for an increase in fines and other punishment for all offenses against the ordinances of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1404. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1407. By Mr. Jones of the 59th:
A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1408. By Mr. Jones of the 59th:
A bill to amend an Act establishing the City Court of Hinesville, so as to change the salary of the Solicitor of said Court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1409. By Mr. Jones of the 59th:
A bill to place the Coroner of Liberty County on a monthly salary in lieu of the fee system of compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1410. By Mr. Jones of the 59th:
A bill to amend an Act establishing the City Court of Hinesville, so as to change the salary of the judge of said court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1411. By Mr. Jones of the 59th:
A bill to amend an Act supplementing the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1412. By Mr. Jones of the 59th:
A bill to amend an Act creating the office of Tax Commissioner of Liberty County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1413. By Messrs. Harris of the 77th and Carnes of the 104th:
A bill to amend an Act applying to counties having a population of not less than 300,000 and directing the county commissioners thereof to pay to the board of education all commissions which would have been retained by the commissioner for school taxes, so as to make said Act applicable to counties having a population of not less than 500,000; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1414. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Levitas, Thomason of the 77th and others:
A bill to amend Code Section 92-6201, relating to the time for making tax returns, so as to provide that the tax commissioner of any county of this State having a population of not less than 250,000 nor more than 500,000, may eliminate the penalty for failure to timely file tax returns on motor vehicles; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1415. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Thomason and Levitas of the 77th and others:
A bill to repeal an Act entitled "Revision and Completion of Tax Assessments in certain counties"; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 9, 1970

513

HB 1417. By Messrs. Snow and Crowe of the 1st:
A bill to amend an Act incorporating the City of Lookout Mountain, so as to define certain terms; to further define the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1418. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the Superior Court, sheriff's deputies, and tax collector, the ordinary and the coroner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1419. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahoochee County on a salary in lieu of a fee basis, so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1420. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act repealing an Act creating a commissioner of McDuffie County and creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairman and members of said Board; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1422. By Mr. Knowles of the 22nd:
A bill to authorize and empower the board of county commissioners in certain counties of this State to prescribe, impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for admission to places of amusement, sport or entertainment; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1424. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act providing a new charter for the City of Sylvester, so as to authorize said City to extend its electric power lines, water mains and natural gas lines beyond the corporate limits and to serve customers on mains so extended at rates fixed by it; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1425. By Messrs. Rainey and Bowen of the 47th:
A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1426. By Messrs. Rainey and Bowen of the 47th:
A bill to authorize the governing authority of Worth County to make a full and final settlement of all claims of the sheriff and clerk of the superior court of said county respecting the fine fund of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1428. By Mr. Jordan of the 55th:
A bill to create a new board of education of Coffee County; to provide for the membership of said board; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1429. By Mr. Jordan of the 55th:
A bill to amend an Act establishing a new charter for the City of Nicholls, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1430. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board, so as to provide that each member of the Advisory Board shall be elected by the qualified voters of the whole county; and for other purposes.
Referred to Committee on County and Urban Affairs,

HB 1431. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and providing in lieu thereof an annual salary, so as to change the daily sum allotted to the sheriff for the purpose of feeding prisoners; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 9, 1970

515

HB 1435. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1436. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th:
A bill to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1437. By Mr. Harrison of the 66th:
A bill to create and establish the Folkston-Charlton County Airport Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1438. 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; to provide for a referendum; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1439. By Mr. Harrison of the 66th:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to increase the number of Commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1440. By Mr. Harrison of the 66th:
A bill to consolidate the offices of tax receiver and tax collector of Camden County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1441. By Mr. Harrison of the 66th:
A bill to amend an Act placing the sheriff of Brantley County upon an annual salary, so as to provide that it shall be within the sole discretion of the sheriff as to who will be appointed deputy sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

516

JOURNAL OF THE SENATE,

HB 1443. By Messrs. Wilson, McDaniell, Henderson, Atherton, Housley of the 117th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the maximum compensation which may be paid to assistant district attorneys; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1449. By Messrs. Russell and Keyton of the 70th:
A bill to amend an Act placing the sheriff of Thomas County on a salary system of compensation in lieu of the fee system; so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal government 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.
Referred to Committee on County and Urban Affairs.

HR 664. By Messrs. Caldwell and Smith of the 39th:
A resolution to amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 680. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 692. By Messrs. Bohannon and Patterson of the 20th:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 9, 1970

517

HR 695. By Messrs. Westlake, Davis, Higginbotham of the 75th and others:
A resolution creating the DeKalb County Retirement System Study Commission; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 471. By Senator Dean of the 6th:
A bill to amend Code Chapter 88-23, relating to hospital care for the indigent, so as to redefine the term "indigent person" in such a manner as to require that the governing authority of an allegedly indigent person's county of residence shall certify such person as indigent; to repeal conflicting laws; and for other purposes.

SB 472. By Senator Fincher of the 54th:
A bill to amend the Act known as the "Housing Authorities Law", as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes.

SB 473. By Senator Fincher of the 54th:
A bill to amend the Act known as the "Urban Redevelopment Law", as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes.

SB 474. By Senator Dean of the 6th:
A bill incorporating and creating a new charter for the City of Jesup, as amended, so as to provide for recall of the city commissioners, including the mayor, by the voters of the city; to repeal conflicting laws; and for other purposes.

SB 475. By Senator Adams of the 5th:
A bill to provide that notwithstanding any law to the contrary, the owner or lessee of each motor vehicle which is required to have a Georgia license tag shall pay all taxes on motor fuel or gasoline used by vehicles as if there were no laws exempting certain portions of taxes on motor fuel or used for non-highway purposes; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

SB 476. By Senator Kidd of the 25th:
A bill to amend the Criminal Code of Georgia, as amended, so as to provide that whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony; to repeal conflicting laws; and for other purposes.

SB 477. By Senator Kennedy of the 4th:
A bill to amend Code Section 27-501, relating to fees of sureties on criminal bonds, as amended, so as to change the maximum amount which may be charged or received by said sureties; to repeal conflicting laws; and for other purposes.

SB 478. By Senator Holloway of the 12th:
A bill to amend an Act requiring the State Revenue Commissioner to examine the tax digest of several counties; so as to require the State Revenue Commissioner to compare the valuation of the various classes of property within a county and to reject the digest of those counties in which he finds the taxable values of such classes to be not uniform; to repeal conflicting laws; and for other purposes.

SB 479. By Senators Coggin of the 35th, Holley of the 22nd, Riley of the 1st and others:
A bill to amend Code Section 57-119, relating to interest rates on loans of $100,000 or more, so as to reduce said amount; to repeal conflicting laws; and for other purposes.

SB 480. By Senator Dean of the 6th: A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, as amended, so as to change the corporate limits of the City of Jesup; to repeal conflicting laws; and for other purposes.
SB 481. By Senator Cox of the 21st: A bill to authorize the creation within the Department of Law, a Division of Drug Abuse Control; to repeal conflicting laws; and for other purposes.
SB 482. By Senators Chapman of the 32nd and Rowan of the 8th: A bill to be entitled an Act to provide for the necessary consent for the treatment of minors for venereal disease; to provide for the necessary consent for the treatment of minors for drug abuse; to provide a certain

MONDAY, FEBRUARY 9, 1970

519

definition; to provide that physicians or others providing such treatment to such minors may, but shall not be obligated to, inform certain other family members of the minor as to the treatment given or needed; to repeal laws in conflict with; and for other purposes.

SB 483. By Senator Spinks of the 9th:
A bill to be entitled an Act to amend Code Section 92-6912, relating to arbitration, as amended, so as to delete therefrom the provisions providing 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; to repeal conflicting laws; and for other purposes.

SR 266. By Senators Walling of the 42nd and Reeder of the 55th:
A resolution creating the Pernbank Science Center Commission; and for other purposes.

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd, Chandler of the 34th and others:
A bill to amend Code Section 92-5001, relating to interest on taxes due the State and counties, so as to change the rate of interest; and for other purposes.

HB 1200. By Messrs. Nessmith of the 44th, Battle of the 90th and Brantley of the 52nd:
A bill to amend an Act known as the "Jekyll Island State Park Authority Act", so as to provide an additional definition for the word "project"; and for other purposes.

HB 1238. By Mr. Collins of the 62nd:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to require each licensee to carry a standard fire and extended coverage insurance policy for the value of the tobacco in his sales warehouse; to repeal conflicting laws; and for other purposes.

HB 1292. By Mr. Rush of the 51st:
A bill to amend Code Section 102-102, relating to general rules of construction for statutes, so as to provide that whenever the last day prescribed for the exercise of any privilege or the discharge of any duty shall fall on a Saturday, a Sunday, or legal holiday, the period for the exercise of such privileges shall be held the next succeeding day which is not a Saturday or legal holiday; and for other purposes.

520

JOURNAL OF THE SENATE,

HB 1293. By Mr. Rush of the 51st:
A bill to authorize the board of commissioners or other governing authority of each county in this State to provide for the closing of all county offices, one day each week, in addition to closing on Sundays and legal holidays, and also for closing such offices on days designated by the board of commissioners or other governing authority as a special day of mourning, celebration or rest; and for other purposes.

HR 586. By Mr. Davis of the 75th: A resolution compensating Mr. Hubert R. Wood; and for other purposes.
HR 604. By Mr. Johnson of the 29th: A resolution compensating Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; and for other purposes.
HB 615. By Mr. Westlake of the 75th: A resolution compensating 'Mr. E. H. Hartman, Sr.; and for other purposes.
HR 619. By Mr. Bohannon of the 20th: A resolution compensating James Hoyt Hosey; and for other purposes.
HR 632. By Mr. Ballard of the 23rd: A resolution compensating Mr. John H. Moore; and for other purposes.

HR 642. By Messrs. Keyton and Russell of the 70th: A resolution compensating Mr. D. R. Corley; and for other purposes.

HR 644. By Mr. Moate of the 28th: A resolution compensating Mrs. Sam Gray; and for other purposes.

HB 179. By Messrs. Gunter of the 6th, Lambert of the 25th, Harris of the 77th and others:
A bill reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.

MONDAY, FEBRUARY 9, 1970

521

The following reports of standing committees were read by the Secretary:

Senator Plunkett of the 30th, Chairman of the Committee on Appropriations, submitted the following report:

Mr. President:

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

HR 586. Do pass.

HR 604. Do pass.

HR 615. Do pass.

HR 619. Do pass.

HR 632. Do pass.

HR 642. Do pass.

HR 644. Do pass.

Respectfully submitted,

Plunkett of 30th 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 348. Do pass. SB 354. Do pass. SB 470. Do pass. SB 472. Do pass. SB 473. Do pass. HB 658. Do pass. HB 1078. Do pass by substitute. HB 1247. Do pass by substitute.
Respectfully submitted, Holley of 22nd District, Chairman.

522

JOURNAL OF THE SENATE,

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 consideration the following resolutions of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 249. Do pass.
SR 250. Do pass. SR 251. Do pass. SR 252. Do pass.
Respectfully submitted, Spinks of 9th District, Chairman.

Senator Brown of the 47th District, Acting 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, as Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 396. Do pass. SB 449. Do pass. SB 450. Do pass. SB 457. Do pass. SB 458. Do pass. SB 462. Do pass. SB 464. Do pass. HB 1381. Do pass. HB 1385. Do pass. HB 1386, Do pass. HB 1172. Do pass. HB 1242. Do pass. HB 1243. Do pass. HB 1246. Do pass as amended.

MONDAY, FEBRUARY 9, 1970

523

HB 1250. Do pass. HB 1258. Do pass. HB 1259. Do pass, HB 1260. Do pass. HB 1261. Do pass. HB 1262. Do pass. HB 1263. Do pass. HB 1264. Do pass. HB 1272. Do pass. HB 1273. Do pass. HB 1291. Do pass. HB 1294. Do pass. HB 1306. Do pass. HB 1310. Do pass. HB 1311. Do pass. HB 1330. Do pass. HB 1331. Do pass as amended. HB 1332. Do pass as amended. HB 1333. Do pass as amended. HB 1334. Do pass. HB 1344. Do pass. HB 1347. Do pass. HB 1362. Do pass. HB 1387. Do pass. HR 651. Do pass.

Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 resolution of the Senate and has instructed me, as Acting Chair-

524

JOURNAL OF THE SENATE,

man, to report the same back to the Senate with the following recommendations: SR 259. Do pass. Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 474. Do pass. SB 480. Do pass as amended.
Respectfully submitted, Brown of 47th District, Acting 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 considers 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 recommendations:
SB 443. Do pass. HB 746. Do pass. HB 1139. Do pass.
Respectfully submitted, Kidd of 25th 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

MONDAY, FEBRUARY 9, 1970

525

me, as Chairman, to report the same back to the Senate with the following recommendations :

SB 422. Do pass by substitute. SB 459. 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 following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 471. 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 bill and resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 265. Do pass. SB 482. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:

526 Mr. President:

JOURNAL OF THE SENATE,

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

HB 1189. Do pass.

Respectfully submitted, Hensley of 33rd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 282. Do pass by substitute. SB 399. Do pass. HB 228. Do pass by substitute. HB 1029. Do pass as amended. HB 1062. Do pass. HB 1149. Do pass. HB 1270. Do pass.
Respectfully submitted, Smalley of 28th District, Chairman.

Senator Webb of the llth District, Chairman of the Committee on Retirement, 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 352. Do not pass. SB 358. Do pass as amended.

MONDAY, FEBRUARY 9, 1970

527

SB 359. Do pass by substitute. HB 173. Do not pass. HR 546. Do pass.

Respectfully submitted, Webb of llth District, Chairman.

Senator Smith of the 34th District, Secretary of the Committee on Temperance, 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 Secretary, to report the same back to the Senate with the following recommendations:
SB 309. Do pass as amended. Respectfully submitted, Smith of 34th District, Secretary,

The following resolutions were read and adopted:

SR 269. By Senator Webb of the llth:
A resolution commending Honorable Gilbert R. Pirrung; and for other purposes.

SR 270. By Senator Kidd of the 25th:
A resolution expressing appreciation to Mr. Joe Herrington and the staff of State Parking Facility No. 1; and for other purposes.

Senator Smith of the 34th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:
SB 499. By Senators Smith of the 34th, Bateman of the 27th and Hill of the 29th: A bill to create a public corporation, to be known as the "Metropolitan Airports Commission"; to define the purposes of this Act; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

The consent was granted, and SB 499 was referred to Committee on Public Utilities and Transportation.

The President introduced to the Senate the Honorable Everett Millican, former senator, floor leader and President Pro Tempore of the Senate.

At the direction of the President, Senator Webb of the llth assumed the Chair.

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

SB 455. By Senator Dean of the 6th:
A bill to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Georgia State Patrol shall be numbered; 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 1.

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

SB 452. By Senator Kidd of the 25th:
A bill to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the bond of the employment agencies; 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 1.

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

MONDAY, FEBRUARY 9, 1970

529

SB 388. By Senator Smalley of the 28th:
A bill to amend Section 113-1518 of Chapter 113-15 of the Code of Georgia to provide that the authorities contained in said Code Section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; 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 44, nays 0.

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

The President resumed the Chair.

SB 434. By Senator Plunkett of the 30th:
A bill to authorize each municipality in this State to provide by ordinance for the levying of a fee on the parking of motor vehicles in places charging for such parking; to provide for exemptions; to provide for amounts; to provide for other matters relative thereto; 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 authorize each municipality in this State to provide by ordinance for the levying of a tax on the parking of motor vehicles in parking lots and garages charging for such parking; to provide for exemptions; to provide for amounts; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Each municipality in this State is hereby authorized, by ordinance, to levy a tax on the parking of motor vehicles in parking lots and garages charging for such parking. Such tax shall not exceed the following scale:
For parking 12 hours or less __________ __________ ______,_10c
For more than 12 hours but less than 24 hours ______.___20c
For each 24-hour period or fraction thereof thereafter______10c

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JOURNAL OF THE SENATE,

For parking on other than an hourly basis, the fee shall not exceed 5% of the charge made.

Section 2. On hourly parking, the above tax shall be based on continuous parking, and the tax shall be paid each time the motor vehicle leaves the place of business where such parking takes place. The above
taxes shall not apply to parking areas provided by the municipality where no charge is made. The ordinance shall provide for the procedure for collecting such taxes; the procedure for record-keeping; and for all
other matters relative thereto.

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 25, nays 5, and the substitute adopted.

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

On the passage of the bill, the ayes were 29, nays 10.

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

SB 436, By Senators Webb of the llth and Johnson of the 38th:
A bill to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combating organized crime; to provide a realistic method by which organized crimes may be controlled, contained and reduced; and for other purposes.

Senator Webb of the llth offered the following substitute:
A BILL
To be entitled an Act to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combating organized crime; to provide a realistic method by which organized crimes may be controlled, contained and reduced; to distinguish certain crimes which are susceptible of intricate organization and which involve the moral tone of the State from other crimes; to characterize such crimes as "misdemeanors of a high and aggravated nature"; to define "misdemeanor of a high and aggravated nature"; to provide that the

MONDAY, FEBRUARY 9, 1970

531

judge imposing the sentence shall retain jurisdiction during the term of the sentence to change or modify the sentence; to provide that any person convicted of a misdemeanor of a high and aggravated nature shall be entitled to only four days per month good time allowance; to provide that prostitution, pimping, keeping a place of prostitution and pandering shall be characterized as a misdemeanor of a high and aggravated nature; to provide that any person convicted of said offenses shall be punished as for a misdemeanor of a high and aggravated nature; to define certain types of organized prostitution and to provide penalties therefor; to provide that all forms of commercial gambling and related offenses shall be defined and characterized as a misdemeanor of a high and aggravated nature; to provide that the punishment for persons convicted of said offenses shall be as for a misdemeanor of a high and aggravated nature; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Title 26, relating to criminal law, as amended, is. hereby amended by striking subsection (g) of Code Section 26-401, relating to definitions, in its entirety and inserting in lieu thereof a new subsection (g) of said Code Section to read as follows:

"(g) 'Misdemeanor' and 'Misdemeanor of a High and Aggravated Nature' mean any crime other than a felony."

Section 2. Said Code Title 26 is further amended by striking Code Section 26-2013, relating to pimping, in its entirety and inserting in lieu thereof a new Code Section 26-2013 to read as follows:

"26-2013. Pimping. A person commits pimping when he performs any of the following acts:

(a) Offers or agrees to procure a prostitute for another;

(b) Offers or agrees to arrange a meeting of persons for the purpose of prostitution;

(c) Directs another to a place knowing such direction is for the purpose of prostitution;

(d) Receives money or other thing of value from a prostitute^ without lawful consideration, knowing it was earned in whole or in part from prostitution;

(e) Aids or abets, counsels or commands another in the commission of prostitution, or who aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a prorata basis."

Section 3. Said Code Title 26 is further amended by striking Code Section 26-2014, relating to keeping a place of prostitution, in its en-

532

JOURNAL OF THE SENATE,

tirety and inserting in lieu thereof a new Code Section 26-2014 to read as follows:

"26-2014. Keeping a Place of Prostitution. A person having or exercising control over the use of any place or conveyance which
would offer seclusion or shelter for the practice of prostitution, commits the offense of keeping a place of prostitution when he
knowingly grants or permits the use of such place for the purpose of prostitution."

Section 4. Said Code Title 26 is further amended by striking Code Section 26-2015, relating to the punishment for certain enumerated offenses, in its entirety and inserting in lieu thereof a new Code Section 26-2015 to read as follows:
"26-2015. Punishment. A person convicted of any of the offenses enumerated in Sections 26-2013 (a) (b) (c) (d) (e), 262014 and 26-2016 shall be punished as for a misdemeanor of a high and aggravated nature."
Section 5. Said Code Title 26 is further amended by striking Code Section 26-2016, relating to pandering, in its entirety and inserting in lieu thereof a new Code Section 26-2016 to read as follows:
"26-2016. Pandering. A person commits pandering when he solicits a female to perform an act of prostitution, or when he knowingly assembles females at fixed place for the purpose of being solicited by others to perform an act of prostitution."
Section 6. Said Code Title 26 is further amended by striking Code Section 26-2703, relating to commercial gambling, in its entirety and inserting in lieu thereof a new Code Section 26-2703 to read as follows:
"26-2703. Commercial Gambling. A person commits commercial gambling when he intentionally does any of the following acts:
(a) Operates or participates in the earnings of a gambling place; or

(b) Receives, records, or forwards a bet or offer to bet; or

(c) For gain, becomes a custodian of anything of value bet or offered to be bet; or

(d) Contracts to have or give himself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, when it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled, not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; or

MONDAY, FEBRUARY 9, 1970

533

(e) Sells chances upon the partial or final result of or upon the margin of victory in any game or contest or upon the performance of any participant in any game or contest or upon the result of any political nomination, appointment, or election or upon the degree of success of any nominee, appointee, or candidate; or

(f) Sets up or promotes any lottery or sells or offers to sell or knowingly possesses for transfer, or transfers any card, stub, ticket, check, or other device designed to serve as evidence of participation in any lottery.
A person convicted of commercial gambling shall be punished as for a misdemeanor of a high and aggravated nature."
Section 7. Said Code Title 26 is further amended by striking Code Section 26-2704, relating to keeping a gambling place, in its entirety and inserting in lieu thereof a new Code Section 26-2704 to read as follows:
"26-2704. Keeping a Gambling Place. A person who knowingly permits any real estate, building, room, tent, vehicle, boat, or other property whatsoever owned by him or under his control to be used as a gambling place, or who rents or lets any such property with a view or expectation that it be so used, commits keeping a gambling place. A person convicted of keeping a gambling place shall be punished as for a misdemeanor of a high and aggravated nature."
Section 8. Said Code Title 26 is further amended by striking Code Section 26-2705, relating to advertising commercial gambling, in its entirety and inserting in lieu thereof a new Code Section 26-2705 to read as follows:
"26-2705. Advertising Commercial Gambling. A person who knowingly prints, publishes, or advertises any lottery or other scheme for commercial gambling or who knowingly prints or publishes any lottery ticket, policy ticket, or other similar device designed to serve as evidence of participation in a lottery commits advertising commercial gambling.
A person convicted of advertising commercial gambling shall be punished as for a misdemeanor of a high and aggravated nature."
Section 9. Said Code Title 26 is further amended by striking Code Section 26-2707, relating to possession of gambling devices or equipment, in its entirety and inserting in lieu thereof a new Code Section 26-2707 to read as follows:
"26-2707. Possession of Gambling Device or Equipment. A person who knowingly owns, manufactures, transfers commercially, or possesses any device which he knows is designed for gambling purposes or anything which he knows is designed as a subassembly or essential part of such device is guilty of a misdemeanor of a high and aggravated nature."

534

JOURNAL OP THE SENATE,

Section 10. Code Title 27, relating to criminal law, as amended, is hereby amended by adding at the end of Code Section 27-2506, relating to the punishment for misdemeanors, the following paragraph:

"A person convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00, or by confinement for a specific term not to exceed twelve (12) months or by both."

Section 11. Said Code Title 27 is further amended by adding a new Code Section to be designated Code Section 27-2506.1, relating to the execution of punishment of a misdemeanor of a high and aggravated nature, to read as follows:

"27-2506.1. One convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county public works camp, or such other places as counties may provide for maintenance of county prisoners for a term not to exceed twelve (12) months, either a fine or confinement or both. In all cases of a conviction of a misdemeanor of a high and aggravated nature the sentencing court shall retain jurisdiction to amend, modify, alter, suspend or probate sentences imposed hereunder at any time, but in no instance shall a sentence imposed under this section be modified in such a manner as to increase the amount of fine or the term of confinement, or to place a county prisoner under the jurisdiction of the State Board of Corrections. A person sentenced for a misdemeanor of a high and aggravated nature shall be entitled to only four days per month good time allowance."

Section 12. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 14. 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 substitute:
Amend by adding the following sentence to Sec. 2015 quoted within Sec. 4:

MONDAY, FEBRUARY 9, 1970

635

"A person convicted of the offense enumerated in Section 262012 shall be punished as for a misdemeanor."

On the adoption of the amendment, the ayes were 32, nays 1, and the amendment to the substitute was adopted.

On the adoption of the substitute, the ayes were 32, nays 1, and the substitute was adopted as amended.

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

On the passage of the bill, the ayes were 34, nays 2.

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

SB 361. By Senators Stephens of the 36th and Padgett of the 23rd:
A bill to authorize and direct the governing authority of each county and municipality to provide hospitalization insurance for all peace officers who are employed by or hold office within the political jurisdiction affected, which insurance shall be paid for from county or municipal funds; to provide for minimum limits; to repeal conflicting laws; and for other purposes.

Senator Stephens of the 36th offered the following substitute:
A BILL
To be entitled an Act to authorize and direct the governing authority of each county and municipality to provide hospitalization insurance for all peace officers who are employed by or hold office within the political jurisdiction affected; to provide for the payment of a portion of the cost of such insurance from county or municipal funds; to provide for minimum limits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The governing authority of each county and municipality is hereby authorized and directed to provide hospitalization insurance for all peace officers who are employed by or hold office within the

536

JOURNAL OF THE SENATE,

political jurisdiction affected. A portion of the cost of such insurance shall be paid for from county or municipal funds in the same ratio as the cost of State employees' similar insurance is paid from State funds. The coverage afforded in such hospitalization insurance shall be no less than that afforded State employees.

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 substitute:
Amend by deleting from Sec. 1 lines 18 and 19 the sentence which reads "The coverage in such hospitalization insurance shall be no less than that afforded State employees."

On the adoption of the amendment, the ayes were 40, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, the ayes were 41, nays 0, and the substitute was adopted as amended.

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

On the passage of the bill, the ayes were 40, nays 2.

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

The following resolutions of the House, favorably reported by the committee, were read the third time, and put upon their passage:

HR 96. By Mr. Lowrey of the 9th:
A resolution compensating Mr. Clarence Salmon; and for other purposes.

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

MONDAY, FEBRUARY 9, 1970

537

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 64th Garrard
Gillis

Hardy Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Noble Padgett Patton 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 53, nays 0.

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

HR 537. By Mr. Wamble of the 69th:
A resolution compensating the Grady County Electric Membership Corporation; 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

538
Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London

JOURNAL OF THE SENATE,

McGill Noble Padgett Patton Pennington Plunkett Eeeder 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 53, nays 0.

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

HR 548. By Mr. Levitas of the 77th:
A resolution compensating Mr. Morris Benbenisty; 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 Kennedy Kidd London McGill Noble Padgett Patton Pennington

MONDAY, FEBRUARY 9, 1970

539

Plunkett Reeder Reynolds Eiley 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 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 551. By Mr. Phillips of the 50th: A resolution compensating Mr. Willie Linder; 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 Kennedy Kidd London McGill Noble Padgett Patton 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

540

JOURNAL OP THE SENATE,

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

On the adoption of the resolution, the ayes were 53, nays 0.

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

HR 576. By Mr. Douglas of the 42nd: A resolution compensating Mr. Robert H. 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 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 Kennedy
Kidd London
McGill Noble Padgett Patton 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 53, nays 0.

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

MONDAY, FEBRUARY 9, 1970

541

HR 577. By Mr. Peters of the 2nd:
A resolution compensating Mr. Aubrey Honeycutt; 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 Kennedy Kidd London
McGill Noble Padgett Patton 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 53, nays 0.

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

HR 55. By Mr. Joiner of the 35th: A resolution compensating Mr. Frank Flanders; and for other purposes.

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

542

JOURNAL OF THE SENATE,

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Kennedy Kidd London McGill Noble Padgett Pattoii 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

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

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

On the adoption of the resolution, the ayes were 53, nays 0.

HR 585. By Mr. Davis of the 75th: A resolution compensating Mr. Joe B. Hogan; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter

Chapman Coggin Cox Dean Doss Eldgridge Fincher of 51st

Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley

MONDAY, FEBRUARY 9, 1970

543

Holloway Hudg'ins Jackson Kennedy Kidd London McGill Noble Padgett Patton 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 53, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 591. By Mr. Potts of the 30th: A resolution compensating Mr. James Elliott Kee; and for other purposes.
The report of the committee, which was favorable to the adoption of the Tesolution, 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 Kennedy

Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds Riley Rowan Scott

544
Searcey Smalley Smith of 18th Smith of 34th Spinks

JOURNAL OF THE SENATE,

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 53, nays 0.

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

HE 592. By Mr. Jones of the 87th:
A resolution compensating Mr. Joe Alien Eahn, Jr.; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Chapman
Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy

Hensley Hill Holley
Holloway Hudgins Jackson Kennedy Kidd London McGill Noble Padgett Patton 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

MONDAY, FEBRUARY 9, 1970

545

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

On the adoption of the resolution, the ayes were 53, nays 0.

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

HR 593. By Mr. Dodson of the 82nd: A resolution compensating Dell D. Gledhill; 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 Kennedy Kidd London McGill Noble Padgett Patton 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 53, nays 0.

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

546

JOURNAL OF THE SENATE,

HR 600. By Mr. Mauldin of the 12th: A resolution compensating Willie James Rucker; 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 Kennedy Kidd London McGill Noble Padgett Patton 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 53, nays 0.

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

HR 605. By Messrs. Chandler and Harrington of the 34th;
A resolution compensating Mrs. Juanita W. Worsham; and for other purposes.

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

MONDAY, FEBRUARY 9, 1970

547

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 Kennedy Kidd London McGill Noble Padgett Fatten 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 53, nays 0.

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

HR 606. By Messrs. Chandler and Harrington of the 34th: A resolution compensating Mrs. A. 0. Hodges; 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

548
Hardy Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Noble

JOURNAL OF THE SENATE,

Padgett Patton 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 63, nays 0.

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

The following communication from His Excellency, Governor Lester Maddox, was read by the Secretary:
Executive Department
Atlanta
February 2,1970
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:
Honorable James E. Bates of Hall County as a member of the State Board of Accountancy for a term beginning July 9, 1969, and ending June 30, 1973.
Honorable Louis A. Thompson of Chatham County as a member of the State Board of Accountancy for a term beginning July 17, 1969, and ending June 30, 1971.

MONDAY, FEBRUARY 9, 1970

549

Dr. John T. Mauldin of Fulton County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

Honorable Scott Houston, Jr. of Gwinnett County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

Honorable Hugh W. Gaston of Dougherty County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

Honorable H. C. Morrison of Chatham County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

Dr. C. 0. Templeton of Lowndes County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

Honorable A. 0. Cochran of Fulton County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.

Honorable William Hall of Dougherty County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.

Honorable Clifford Pope of Cobb County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.

Honorable Zeb Vance Lackey of Lowndes County as a member of the State Board for Examination, Qualification and Registration of Architects for a term beginning September 26,1969, and ending March 5,1972.

Honorable Gordon Pealock of DeKalb County as a member of the Georgia State Board of Barbers for a term beginning July 9, 1969, and ending May 13, 1972.

Honorable Jack H. Smith of DeKalb County as a member of the Georgia State Board of Barbers for a term beginning August 4, 1969, and ending May 13, 1972.

Honorable Wiley Fordham of Bulloch County as a member of the Georgia State Board of Barbers for a term beginning August 4, 1969, and ending May 13, 1972.
Honorable James T. Mclntyre, Jr. of Fulton County as a member of the State Building Administrative Board for a term beginning December 1, 1969, and ending December 1,1973.
Honorable George Bullock of Clarke County as a member of the State Building Administrative Board for a term beginning December 1, 1969, and ending December 1,1973.

550

JOURNAL OF THE SENATE,

Honorable Donald B. Howe, Sr. of Haralson County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1,1975.

Mrs. H. Sol Clark of Chatham County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1, 1975.
Honorable Irving K. Kaler of Fulton County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1, 1975.
Honorable David Holmes of Washington County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1,1975.
Mrs. Lester Harbin of Floyd County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1, 1975.
Honorable Edward Lee Martin of Hall County as a member of the State Board for Children and Youth for a term beginning December 17, 1969, and ending July 1,1973.
Honorable Graham W. Jackson, Sr. of Fulton County as a member of the State Board of Corrections for a term beginning December 10, 1969, and ending November 27,1974.
Dr. Harold C. Walraven, Jr. of Fulton County as a member of the Board of Dental Examiners of Georgia for a term beginning January 7, 1970, and ending August 1, 1974.
Honorable Eldridge Perry of Marion County as a member of the Georgia Development Authority for a term beginning July 23, 1969, and ending July 1, 1977.
Honorable David F. Rice of Fulton County as a member of the State Board of Education for a term beginning August 29, 1969, and ending January 1, 1976.
Honorable Henry A. Stewart, Sr. of Polk County as a member of the State Board of Education for a term beginning October 6, 1969, and ending January 1, 1976.
Honorable Jeff I. Davis of Dougherty County as a member of the State Board of Education for a term beginning December 17, 1969, and ending January 1, 1976.

Mrs. A. Edward Smith of Muscogee County as a member of the State Board of Education for a term beginning January 5, 1970, and ending January 1, 1976.

Honorable Sam M. Griffin, Jr. of Decatur County as a member of the State
Board of Education for a term beginning January 12, 1970, and ending January 1, 1976.

MONDAY, FEBRUARY 9, 1970

551

Honorable J. M. Odum of Colquitt County as a member of the Georgia Educational Improvement Council for a term beginning December 17,1969, and ending July 1,1973.

Honorable Henry K. Burns of Bibb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors for a term beginning September 8, 1969, and ending June 1,1974.

Honorable John Reginald Davis of Fulton County as a member of the Food Service Advisory Council for a term beginning July 17, 1969, and ending July 1, 1973.

Honorable L. H. Morgan of Dodge County as a member of the State Forestry Commission for a term beginning February 28, 1970, and ending January 1, 1977.

Honorable James F. Darby, Jr. of Toombs County as a member of the State Game and Fish Commission for a term beginning January 7, 1970 and ending January 1,1977.

Dr. Robert A. Collins of Sumter County as a member of the State Game and Fish Commission for a term beginning January 7, 1970, and ending January 1, 1977.

Dr. J. T. Mercer of Elbert County as a member of the Board of Health for a term beginning July 10,1969, and ending July 1,1975.

Dr. Lamar Peacock of Fulton County as a member of the Board of Health for a term beginning July 10,1969, and ending July 1,1975.

Dr. Louie H. Griffin of Evans County as a member of the Board of Health for a term beginning July 10, 1969, and ending July 1,1975.

Dr. Thomas J. Anderson of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.

Dr. Louis C. Brown of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1,1972.

Honorable R. L. "Red" Tindol, Jr. of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.

Dr. Lewis H. Williams of Stephens County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.

Lt. Col. LeRoy Cowart of Bulloch County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

552

JOURNAL OP THE SENATE,

Honorable Paul Sinclair of Macon County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Honorable Thomas J.Wesley, Jr. of Fulton County as a member of the Board of Commissioners of the Department of Industry and Trade for a term beginning July 14,1969, and ending April 1,1975.

Honorable Harry C. Adley of Fulton County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22,1970.

Honorable Russell Phillips of Gwinnett County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22,1972.

Honorable Charles Thurmond of Hall County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22,1973.

Honorable H. W. Wallis of Hall County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22,1971.

Dr. William J. Morton of Grady County as a member of the State Board of Medical Examiners for a term beginning September 24, 1969, and ending September 1,1973.

Dr. Y. F. Carter, Jr. of Berrien County as a member of the State Board of Medical Examiners for a term beginning September 24, 1969, and ending September 1,1973.

Honorable Ed Wayne of Hall County as a member of the North Georgia Mountains Authority for a term beginning January 29, 1970, and ending April 4, 1974.

Reverend Frank Nails of Glynn County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Mrs. Wilma W. Shelnutt of Clayton County, as a member of the Hospital Advisory Council for a term beginning December 17, 1969, and ending July 1, 1973.

Honorable Ed Wayne of Hall County as a member of the North Georgia Mountains Commission for a term beginning January 29, 1970, and ending April 4, 1974.

Sister Mary Bonaventure of Fulton County as a member of the Board of Examiners of Nurses for Georgia for a term beginning September 23, 1969, and ending September 23,1972.
Mrs. Opal Fyffe of DeKalb County as a member of the Board of Examiners of Nurses for Georgia for a term beginning September 23, 1969, and ending September 23,1972.

MONDAY, FEBRUARY 9, 1970

553

Dr. Eugene Odum of Clarke County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970, and ending January 5,1972.

Dr. E. L. Cheatum of Clarke County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970, and ending
January 5,1974.

Dr. Frederick Bellinger of DeKalb County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970, and
ending January 5,1976.

Dr. Edward H. Shannon of Hall County as a member of the Georgia State Board of Examiners in Optometry for a term beginning September 18, 1969, and ending September 6,1972.

Dr. Hoyt B. Trimble of Fulton County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning September 26, 1969, and ending September 10,1972.

Dr. Henry D. Webb of Muscogee County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning September 26, 1969, and ending September 10,1972.

Honorable E. J. Calhoun, Jr. of DeKalb County as a member of the State Board of Pardons and Paroles for a term beginning January 23, 1970, and ending January 1,1971.

Honorable Leonard Morris of Tift County as a member of the State Personnel Board for a term beginning November 23, 1969, and ending November 23, 1976.

Honorable W. G. (Jack) Moran of Glynn County as a member of the Georgia State Board of Pharmacy for a term beginning November 1, 1969, and ending November 1,1974.

Honorable Joe Lattanzi of Cobb County as a member of the Governor's Coun-
cil on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Henry Seldon of Coweta County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Taylor Lumpkin of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Obie O'Neal of Dougherty County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

554

JOURNAL OF THE SENATE,

Honorable Dick Cecil of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Dr. Clyde Partin of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable James A. Colley of DeKalb County as a member of the Governor's
Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Raymond Williams of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Paul Kennedy of Floyd County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable R. E. (Bob) Blackwell of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Major Barney G. Ragsdale of Fulton County as a member of the Board of Polygraph Examiners for a term beginning October 29, 1969, and ending July 15, 1975.

Honorable Charles E. Walker of Muscogee County as a member of the Georgia Ports Authority for a term beginning October 8, 1969, and ending June 30, 1973.

Honorable Hubert Dollar of Decatur County as a member of the Georgia Ports Authority for a term beginning October 8, 1969, and ending June 30, 1973.

Honorable P. Raymond Summerlin of DeKalb County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1971.

Honorable Albert J. Twiggs of Fulton County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1975.

Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24,1970.

Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term begining April 24, 1970, and ending April 24, 1971.

MONDAY, FEBRUARY 9, 1970

555

Dr. E. L. Cheatum of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning September 22, 1969, and ending April 1,1972.

Dr. Lewis S. Shelton of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning September 22, 1969, and ending April 1, 1972.

Dr. Marcus B. Morehead of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 1, 1969, and ending April 1, 1974.

Senator Lamar Plunkett of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10,1975.

Honorable Donald C. Johnston of Baldwin County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10,1975.

Dr. Alexander B. Lacy of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1973.

Dr. George S. Parthemos of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1973.

Mrs. Lucy Smith of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1973.

Dr. Larry Howard of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1971.

Dr. Douglas B. Kendrick of Cobb County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending
October 10, 1971.

Dr. George L. Simpson, Jr. of Fulton County as a member of the Board of Control for Southern Regional Education for a term beginning January 27, 1970, and ending- June 30,1973.

Honorable Earl R. Harwick of Fulton County as a member of the Stone Mountain Memorial Association for a term beginning February 24, 1970, and ending February 24, 1973.

Honorable Earl R. Harwick of Fulton County as a member of the Stone Mountain Memorial Committee for a term beginning February 24, 1970, and ending February 24,1973.

556

JOURNAL OF THE SENATE,

Honorable Carey Williams of Greene County as a member of the Board of Regents of the University System of Georgia for a term beginning October 9, 1969. and ending January 1,1976.

Dr. John A. Bell, Jr. of Laurens County as a member of the Board of Regents of the University System of Georgia for a term beginning January 2, 1970, and ending January 1,1977.

Dr. John R. Richardson of Rockdale County as a member of the Board of Regents of the University System of Georgia for a term beginning January 7, 1970. and ending January 1,1977.

Honorable William E. Clark of Fulton County as a member of the State Board of Registration for Used Car Dealers for a term beginning September 8, 1969, and ending May 20,1974.

Honorable Woodrow W. Floyd of Glynn County as a member of the State Board of Registration for Used Car Dealers for a term beginning September 8, 1969, and ending May 20,1974.

Dr. Joe B. Crane of Lowndes County as a member of the State Board of Veterinary Medicine for a term beginning November 26, 1969, and ending September 16,1974.

Honorable Austin R. Bailey of Wayne County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1,1973.

Honorable William B. Greene of Bartow County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1,1973.

Honorable V. D. Parrott of Whitfield County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1, 1973.

Honorable Roscoe Lowery of DeKalb County as a member of the State Board of Workmen's Compensation for a term beginning September 18, 1969, and ending May 1, 1973.

Honorable W. B. Withers of Colquitt County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Jim Aldredge of Fulton County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30,1969, and serving at the pleasure of the Governor.

Honorable Leodel Coleman of Bulloch County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

557

Honorable Ed Y. Chapin of Walker County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable C. S. "Bo" Coogler of Elbert County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30,1969, and serving at the pleasure of the Governor.

Mrs. Harold I. Tuthill of Chatham County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Dr. Kenneth Coleman of Clarke County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30,1969, and serving at the pleasure of the Governor.

Mrs. Wayne Seaman of Ware County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Thomas Linthicum of DeKalb County as member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Ernest D. Key of Jasper County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30,1969, and serving at the pleasure of the Governor.

Honorable Clifford M. Clarke of DeKalb County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Edward W. Hiles of Fulton County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable William B. Spann, Jr. of Fulton County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12,1970.

Honorable David Schwartz of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12, 1970.

Mrs. A. Edward Smith of Muscogee County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12,1970.

Mrs. Clyde F. Anderson of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12, 1970.

558

JOURNAL OP THE SENATE,

Honorable Bert Lance of Gordon County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12,1970.

Honorable Fred Tolbert of Dougherty County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12, 1970.

Honorable Arthur E. Montagne of DeKalb County as a member of the Uni-
form Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12,1970.

Honorable Ralph Matthews of Troup County as a member of the Uniform
Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12,1970.

Honorable Howard L. Atherton, Jr. of Cobb County, as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable Robert T. Starnes, Jr. of Pulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable L. Scott Stell of Chatham County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable Hugh Logan of Clarke County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26,1969, and serving at the pleasure of the Governor.

Honorable Mills B. Lane of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.
Honorable Ronnie Thompson of Bibb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Jackie Williams of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Dr. Alex B. Lacy, Jr. of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Dr. John H. Venable of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

559

Honorable Bobby W. Johnson of Warren County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Clifford Clarke of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable John Portman of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Gordon Jones of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable E. R. Murphy of Bibb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Horace T. Ward of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Reverend William Holmes Borders, Sr., of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Hugh Logan of Clarke County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Ed W. Hiles of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Cecil A. Alexander of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Ross Hammond of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable E. A. Isakson of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Walter T. Gates of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

560

JOURNAL OF THE SENATE,

Honorable Hugh Lee McDaniell of Cobb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable W. D. Trippe of Polk County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Howard Atherton of Cobb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.
Honorable Elliott H. Levitas of DeKalb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Wendall Smith of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.
Honorable Harry Bexley of DeKalb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.
Honorable John Greer of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.
Honorable Nathan Dean of Polk County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.
Honorable Charles Yeargin of Elbert County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Dr. Fleming Jolley of Fulton County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Mrs. Mamie K. Taylor of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Al Reddick of Fulton County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Mrs. Lib Greene Umhau of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

MONDAY, FEBRUARY 9, 1970

561

Honorable Robert C. Bock of Cobb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Ray Brokaw of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Floyd R. Hagin of Hall County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Wilton Hill of Tattnall County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable J. L. (Louis) Banks of Lamar County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Judge J. Taylor Phillips of Bibb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Mrs. William (Sue) Clark of Ware County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Honorable Frank 0. Downing of Chatham County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Honorable Bryce Holcomb of Hall County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Gene Dyson of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Mozelle Christian of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. George W. Ray of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Chester E. Martin of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

562

JOURNAL OF THE SENATE,

Mrs. Mildred Porterfield of Madison County as a member of the Make Geor-
gia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Carl T. Martin of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.
Honorable W. W. Huber of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.
Honorable Eric Holmes of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.
Honorable John Gordon of Hart County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.
Honorable Aubrey Owens of Meriwether County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.
Honorable T. G. Williams, Jr. of Clarke County as a member of Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.
Honorable A. Ray Shirley of Bibb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.
Honorable Hubert Owen of Clarke County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Emory Parrish of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. James T. Anderson of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable William J. VanLandingham of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Robert E. Hanie of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

56S

Honorable Bill T. Hardman of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Herbert Youngblood of Richmond County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving. at the pleasure of the Governor.

Mrs. W. B. Mitchell of Monroe County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Steve Polk of Newton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Earl Leonard of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Doris E. Branan of Henry County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Birdie B. Miller of Towns County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable William A. Binns of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Ray Trogdon of Stephens County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Jack Summers of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Dean C. Swanson of Habersham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Dr. Gerhard Magnus of Clarke County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Honorable Harry Pfiffner of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

564

JOURNAL OF THE SENATE,

Mrs. Alex Wainer of Lowndes County as a member of the Georgia Commission of the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Honorable A. Myrl Simpson of Muscogee County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation for a term beginning March 15,1970, and ending March 15,1976.

Honorable Patrick L. Mathis of DeKalb County as a member of the Board of Directors of the Georgia Higher Education Assistance Corporation for a term beginning March 15,1970, and ending March 15,1976.

Honorable Robert E. Poss, Jr. of Clarke County as a member of the Food Service Advisory Council for a term beginning January 30, 1970, and ending December 7,1973.

Honorable Norman M. Lovein, Jr. of Berrien County as a member of the Georgia State Board of Funeral Service for a term beginning February 13, 1970, and ending February 13,1976.
Honorable Jack Williams of Ware County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1,1972.
Dr. Eugenia Lee of Richmond County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1,1972.
Honorable Norman D. Burkett of Whitfield County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30,1970, and ending November 1,1972.
Dr. Jack Runninger of Floyd County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1,1972.
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 January 30,1970, and ending March 29,1973.
Honorable Frank C. Underwood, Jr. of Chatham County as a member of the Charles H. Herty Foundation for a term beginning February 19, 1970, and ending February 19,1975.

Honorable T. W. Marshall of Fulton County as a member of the Hospital Advisory Council for a term beginning January 30, 1970, and ending July 1, 1971.
Honorable N. Dudley Horton, Jr. of Putnam County as a member of the Hospital Advisory Council for a term beginning January 30, 1970, and ending July 1, 1973.

MONDAY, FEBRUARY 9, 1970

565

Dr. Marcus Mashburn, Jr. of Porsyth County as a member of the Lake Lanier Islands Development Authority for a term beginning May 15, 1970, and ending May 15,1974.

Dr. Marcus Mashburn, Jr. of Forsyth County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1970, and ending July 22,1974.

Dr. Graham Roberts of DeKalb County as a member of the State Board for the Certification of Librarians for a term beginning January 30, 1970, and ending January 1,1975.

Mrs. Amilee Graves of White County as a member of the North Georgia Mountains Authority for a term beginning April 4,1970, and ending April 4, 1976.

Mrs. Amilee Graves of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1970, and ending April 4, 1976.

Miss Viva Erickson of Meriwether County as a member of the Board of Physical Therapy for a term beginning January 30, 1970, and ending August 30, 1972.

Miss Betty Baell of Richmond County as a member of the Board of Physical Therapy for a term beginning January 30, 1970, and ending August 30, 1972.

Dr. Parker E. Mahan of DeKalb County as a member of the Radiation Control Council for a term beginning January 30, 1970, and ending July 1, 1972.

Dr. Mark Brown of Richmond County as a member of the Radiation Control Council for a term beginning January 30, 1970, and ending July 1, 1972.

Honorable E. A. Isakson of Fulton County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24,1973.

Honorable Ernest Brauda of Chatham County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24, 1973.

Honorable J. Norwood Clark of Grady County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24, 1973.

Reverend Robert Baggott of Coweta County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29, 1973.

Mrs. Cicero A. Johnston of DeKalb County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29,1973.

566

JOURNAL OP THE SENATE,

Honorable George McElveen of Richmond County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29,1972.

Honorable R. D. Smith, Jr. of Stephens County as a member of the State Board of Veterans Service for a term beginning April 1, 1970, and ending April 1,1977.
Honorable U. Erwin Sibley of Baldwin County as Judge of the County Court of Baldwin County for a term beginning September 3, 1969, and ending September 3, 1973.
Honorable Ralph Edward Reddick, Jr. of Effingham County as Judge of the City Court of Springfeld for a term beginning January 26, 1970, and serving until the next General Election.
Honorable Henry Millhollin of Coffee County as a member of the Constitution Revision Commission for a term beginning August 13, 1969, and serving at the pleasure of the Governor.
Major Barney Ragsdale of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.
Honorable Roger Thompson of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.
Honorable Clinton Chafin of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.
Honorable Jack Rutledge of Muscogee County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Lawrence Mahany of Chatham County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Ray Wilkes of Bibb County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Jack N. Gunter of Habersham County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Rayford W. Williams of Bulloch County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

MONDAY, FEBRUARY 9, 1970

56T

Honorable A. G. Pinkston, Sr. of Long County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable E. F. Nease, Jr. of Effingham County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable John P. Rousakis of Chatham County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable J. D. McLeod of Tattnall County as a member of the Groveland
Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable J. Dixie Harn of Bryan County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable M. H. Haymans of Candler County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.
Honorable Elliott Brack of Wayne County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.
Honorable Jerry 0. Bange of Appling County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.
Honorable J. A. Youngblood of Emanuel County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Holmes A. Smith of Evans County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable B. R. Snooks of Montgomery County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable L. L. Phillips of Treutlen County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable James F. Darby, Jr. of Toombs County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969 and ending August 5,1972.

568

JOURNAL OF THE SENATE,

Honorable C. Russell Smiley of Liberty County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable C. L. Miller of Screven County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Charles McAuley of Jenkins County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Johnny Mixon of Mclntosh County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Gordon H. Rountree of Candler County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Rayford W. Williams of Bulloch County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable A. G. Pinkston, Sr. of Long County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable E. F. Nease, Jr. of Effingham County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable John P. Rousakis of Chatham County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. D. McLeod of Tattnall County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. Dixie Harn of Bryan County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable M. H. Haymans of Candler County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Elliott Brack of Wayne County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

MONDAY, FEBRUARY 9, 1970

569

Honorable Jerry 0. Bange of Appling County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. A. Youngblood of Emanuel County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972,

Honorable Holmes A. Smith of Evans County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable B. R. Snooks of Montgomery County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable L. L. Phillips of Treutlen County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable James F. Darby, Jr. of Toombs County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable C. Russell Smiley of Liberty County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable C. L. Miller of Screven County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Charles McAuley of Jenkins County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Johnny Mixon of Mclntosh County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Gordon H. Rountree of Candler County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and
ending August 5, 1972.

Dr. Noah Langdale of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending
April 1, 1976.

Honorable Jimmy D. NeSmith of Meriwether County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

570

JOURNAL OF THE SENATE,

Honorable M. M. (Muggsy) Smith of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable Frank H. Neely of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Dr. John T. Godwin of DeKalb County as a member of the Georgia Science
and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Dr. John H. Venable of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable Harllee Branch, Jr. of Fulton County as a member of the Georgia
Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Dr. C. C. Murray of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable John J. McDonough of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable H. McKinley Conway, Jr. of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable John T. Nilan of Muscogee County as a member of the Georgia Educational Improvement Council for a term beginning February 2, 1970, and ending July 1, 1973.

Dr. Drewry C. Jackson of DeKalb County as a member of the State Board of Dispensing Opticians for a term beginning March 16, 1970, and ending March 16, 1974.

Honorable Claude Daniel of Chatham County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable J. C. Bray of Muscogee County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable Dwayne L. Brown of Fulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

MONDAY, FEBRUARY 9, 1970

571

Honorable Paul T. Addis of Clayton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable W. C. Bennett of Floyd County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970,
and ending June 30, 1970.

Honorable R. J. Roebuck of Glynn County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable Peter Menk of Richmond County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable Charles Cox of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable John Gay of Dougherty County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable Charles Ingram of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable B. L. Hawkins of Hall County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable G. Sidney Hampton of Fulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable Marion Lee of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable James D. Dorsey of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable Wiley Mitchell of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable William D. Eve of Richmond County as a member of the State Board of Architects for a term beginning March 5, 1970, and ending March 5, 1975.

572

JOURNAL OF THE SENATE,

Honorable John R. McLaren of DeKalb County as a member of the State Board of Education for a term beginning January 7, 1970, and ending January 1. 1971. (Resigned because of disqualification. Succeeded by Honorable A. R. (Gus) Barksdale.)

Honorable A. R. (Gus) Barksdale of Rockdale County as a member of the State Board of Education for a term beginning February 2, 1970, and ending January 1, 1971.

Mrs. Hugh Peterson, Sr. of Montgomery County as a member of the Board of Regents of the University System of Georgia for a term beginning February 2. 1970, and ending January 1, 1976.

Honorable John W. Greer of Fulton County as a member of the State Election Board for a term beginning March 15, 1970, and ending May 8, 1970.

Respectfully submitted,

LM:jc:wd

/s/ Lester Maddox Lester Maddox Governor

By unanimous consent, the Senate considered the following four appointments for confirmation or rejection as a group:
Honorable Carey Williams of Greene County as a member of the Board of Regents of the University System of Georgia for a term beginning October 9, 1969, and ending January 1, 1976.
Dr. John A. Bell, Jr. of Laurens County as a member of the Board of Regents of the University System of Georgia for a term beginning January 2, 1970, and ending January 1, 1977.
Dr. John R. Richardson of Rockdale County as a member of the Board of Regents of the University System of Georgia for a term beginning January 7, 1970, and ending January 1, 1977.
Mrs. Hugh Peterson, Sr. of Montgomery County as a member of the Board of Regents of the University System of Georgia for a term beginning February 2, 1970, and ending January 1, 1976.

The Senate Committee on the University System of Georgia submitted the following report:
The Senate University System of Georgia Committee met on Monday, February 9, at 3:00 p.m. in Room 450 to consider the attached list of appointments. The Committee recommends the confirmation of all appointments listed.

MONDAY, FEBRUARY 9, 1970

573

Dr. John R. Richardson of Rockdale County as a member of the Board of Regents of the University System of Georgia for a term beginning January 7, 1970, and ending January 1, 1977.

Mrs. Hugh Peterson, Sr. of Montgomery County as a member of the Board of Regents of the University System of Georgia for a term beginning February 2, 1970, and ending January 1, 1976.

Honorable Carey Williams of Greene County as a member of the Board of Regents of the University System of Georgia for a term beginning October 9, 1969, and ending January 1, 1976.

Dr. John A. Bell, Jr. of Laurens County as a member of the Board of Regents of the University System of Georgia for a term beginning January 2, 1970, and ending January 1, 1977.

A roll call was ordered on the four appointments 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 Noble Padgett Patton 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 confirmation, the ayes were 54 nays 0, with the following results:
Honorable Carey Williams of Greene County was confirmed as a member of the Board of Regents of the University System of Georgia for a term beginning October 9, 1969, and ending January 1, 1976.
Dr. John A. Bell, Jr. of Laurens County was confirmed as a member of the Board of Regents of the University System of Georgia for a term beginning January 2, 1970, and ending January 1, 1977.

574

JOURNAL OF THE SENATE,

Dr. John R. Richardson of Rockdale County was confirmed as a member of the Board of Regents of the University System of Georgia for a term beginning January 7, 1970, and ending January 1, 1977.

Mrs. Hugh Peterson, Sr. of Montgomery County was confirmed as a member of the Board of Regents of the University System of Georgia for a term beginning February 2, 1970, and ending January 1, 1976.

By unanimous consent, the Senate considered the following ten appointments for confirmation or rejection as a group:
Honorable David F. Rice of Fulton County as a member of the State Board of Education for a term beginning August 29, 1969, and ending January 1, 1976.
Mrs. A. Edward Smith of Muscogee County as a member of the State Board of Education for a term beginning January 5, 1970, and ending January 1, 1976.
Honorable Sam M. Griffin, Jr. of Decatur County as a member of the State Board of Education for a term beginning January 12, 1970, and ending January 1, 1976.
Honorable A. R. (Gus) Barksdale of Rockdale County as a member of the State Board of Education for a term beginning February 2, 1970, and ending February 2, 1971.
Honorable J. M. Odum of Colquitt County as a member of the Georgia Educational Improvement Council for a term beginning Dec. 17, 1969, and ending July 1, 1973.
Dr. George L. Simpson, Jr. of Fulton County as a member of the Board of Control for Southern Regional Education for a term beginning January 27, 1970, and ending June 30, 1973.
Honorable A. Myrl Simpson of Muscogee County as a member of the Board of Directors of the Ga. Higher Education Assistance Corporation for a term beginning March 15, 1970, and ending March 15, 1976.
Honorable Patrick L. Mathis of DeKalb County as a member of the Board of Directors of the Ga. Higher Education Assistance Corporation for a term beginning March 15, 1970, and ending March 15, 1976.
Honorable John T. Nilan of Muscogee County as a member of the Ga. Educational Improvement Council for a term beginning Feb. 2, 1970 and ending July 1, 1973.
Honorable Henry A. Stewart, Sr. of Polk County as a member of the State Board of Education for a term beginning Oct. 6, 1969 and ending January 1, 1976.

MONDAY, FEBRUARY 9, 1970

575

The Senate Committee on Educational Matters submitted the following report:

The Senate Committee on Educational Matters met Monday, February 9 at 1:30 p.m., in Room 450, to consider the attached list of appointments. The Committee recommends the confirmation of all appoint-
ments listed:

APPOINTMENTS TO STATE BOARD OF EDUCATION
Honorable David F. Rice of Fulton County as a member of the State Board of Education for a term beginning August 29, 1969, and ending January 1, 1976.
Mrs. A. Edward Smith of Muscogee County as a member of the State Board of Education for a term beginning January 5, 1970, and ending January 1, 1976.
Honorable Sam M. Griffin, Jr. of Decatur County as a member of the State Board of Education for a term beginning January 12, 1970, and ending January 1, 1976.
Honorable A. R. (Gus) Barksdale of Rockdale County as a member of the State Board of Education for a term beginning February 2, 1970, and ending February 2, 1971.
Honorable J. M. Odum of Colquitt County as a member of the Georgia Educational Improvement Council for a term beginning Dec. 17, 1969, and ending July 1, 1973.
Dr. George L. Simpson, Jr. of Fulton County as a member of the Board of Control for Southern Regional Education for a term beginning January 27, 1970, and ending June 30, 1973.
Honorable A. Myrl Simpson of Muscogee County as a member of the Board of Directors of the Ga. Higher Education Assistance Corporation for a term beginning March 15, 1970, and ending March 15, 1976.

Honorable Patrick L. Mathis of DeKalb County as a member of the Board of Directors of the Ga. Higher Education Assistance Corporation for a term beginning March 15, 1970, and ending March 15, 1976.

Honorable John T. Nilan of Muscogee County as a member of the Ga. Educational Improvement Council for a term beginning Feb. 2, 1970 and ending July 1, 1973.

Honorable Henry A. Stewart, Sr. of Polk County as a member of the State Board of Education for a term beginning Oct. 6, 1969 and ending January 1, 1976.

576

JOURNAL OF THE SENATE,

The Committee also took note of the following:

1. Honorable Jeff I. Davis of Dougherty County as a member of the State Board of Education for a term beginning December 17, 1969, and ending January 1, 1976. The Committee took no action on this appointment for the reason that Mr. Davis is now deceased. The Committee recognize the contribution to education by Mr. Davis and an appropriate resolution will be filed by Senator Al Holloway of the 12th District.

2. Honorable John R. McLaren of DeKalb County as a member of the State Board of Education for a term beginning January 7, 1970, and ending January 1, 1971. The Committee noted that in the communication of February 2, 1970 from Honorable Lester Maddox, Govnor of Georgia, that immediately following the name of Dr. McLaren it is stated "Resigned because of disqualification." Inasmuch as it affirmatively appears that Dr. McLaren has resigned because of disqualification, any consideration of his appointment by this Committee would be moot and the Committee took no action.

A roll call was ordered on the four appointments 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 Noble Padgett Patton 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 confirmation, the ayes were 54 nays 0, with the following results:
Honorable David F. Rice of Fulton County was confirmed as a member of the State Board of Education for a term beginning August 29, 1969, and ending January 1, 1976.

MONDAY, FEBRUARY 9, 1970

577

Mrs. A. Edward Smith of Muscogee County was confirmed as a member of the State Board of Education for a term beginning January
5. 1970, and ending January 1, 1976.

Honorable Sam M. Griffin, Jr. of Decatur County was confirmed as a member of the State Board of Education for a term beginning January 12, 1970, and ending January 1, 1976.

Honorable A. R. (Gus) Barksdale of Rockdale County was confirmed as a member of the State Board of Education for a term beginning February 2, 1970, and ending February 2, 1971.

Honorable J. M. Odum of Colquitt County was confirmed as a member of the Georgia Educational Improvement Council for a term beginning Dec. 17, 1969, and ending July 1, 1973.

Dr. George L. Simpson, Jr. of Fulton County was confirmed as a member of the Board of Control for Southern Regional Education for a term beginning January 27, 1970, and ending June 30, 1973.

Honorable A. Myrl Simpson of Muscogee County was confirmed as a member of the Board of Directors of the Ga. Higher Education Assistance Corporation for a term beginning March 15, 1970, and ending
March 15, 1976.

Honorable Patrick L. Mathis of DeKalb County was confirmed as a member of the Board of Directors of the Ga. Higher Education Assistance Corporation for a term beginning March 15, 1970, and ending March 15, 1976.

Honorable John T. Milan of Muscogee County was confirmed as a member of the Ga. Education Improvement Council for a term beginning Feb. 2, 1970 and ending July 1, 1973.

Honorable Henry A. Stewart, Sr. of Polk County was confirmed as a member of the State Board of Education for a term beginning Oct. 6. 1969 and ending January 1, 1976.

Senator Andrews of the 49th asked unanimous consent that the Senate take cognizance of the fact that the Honorable Jeff I. Davis of Dougherty County, who was appointed as a member of the State Board of Education for a term beginning December 17, 1969, and ending January 1, 1976, is now deceased, and that the Senate not consider his appointment for confirmation.

The consent was granted, and the appointment was not considered.

Senator Andrews of the 49th asked unanimous consent that inasmuch as it appears that Dr. John R. McLaren has resigned, as shown by the Governor's

578

JOURNAL OP THE SENATE,

list of appointments dated February 2, 1970, that the Senate not consider Dr. McLaren's appointment for confirmation.

The consent was granted, and the appointment was not considered.
The Senate considered the following appointment:
Honorable Edward Lee Martin of Hall County as a member of the State Board for Children and Youth for a term beginning December 17, 1969, and ending July 1, 1973.

The Senate Committee on Health and Welfare submitted the following report: Mr. President:

Your Committee on Health and Welfare, acting as directed by this body, beg to report as follows:
We uphold the challenge to the appointment of:
Edward Lee Martin to the State Board of Children and Youth.
We deny the challenge to Mrs. Opal Fyffe to her appointment to the State Board of Nursing Examiners.
Respectfully submitted, Chapman of the 32nd, Chairman.

A roll call was ordered on the appointment and the vote was as follows:

Those voting in the affirmative were Senators:

Andrews Johnson

Kidd London

Searcey Ward

MONDAY, FEBRUARY 9, 1970

579

Those voting in the negative were Senators:

Abney Adams of 5th Adams of 26th 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 Kennedy McGill Noble Padgett Fatten Pennington Plunkett Reeder

Reynolds Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Webb Zipperer

By unanimous consent, verification of the roll call was dispensed with.
On the confirmation, the ayes were 6, nays 48, with the following results:
Honorable Edward Lee Martin of Hall County was not confirmed as a member of the State Board for Children and Youth for a term beginning December 17, 1969, and ending July 1, 1973.
The Senate considered the following appointment:
Mrs. Opal Fyffe of DeKalb County as a member of the Board of Examiners of Nurses for Georgia for a term beginning September 23, 1969, and ending September 23, 1972, hereinabove referred to by the report of the Senate Committee on Health and Welfare.
A roll call was ordered on the appointment and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Bateman Brown of 47th Coggin Dean Doss Eldridge Fincher of 54th Garrard

Holley Holloway Hudgins Jackson Kennedy McGill Padgett Patton Pennington Plunkett Reeder

Reynolds Riley Rowan Scott Searcey Smith of 34th Starr Trippe Tysinger Zipperer

580

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Andrews Broun of 46th Carter Chapman Cox Pincher of 51st Gillis Hardy

Hensley Hill Johnson Kidd London Noble Smalley

Smith of 18th Spinks Stephens Vann Walling Ward Webb

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

On the confirmation, the ayes were 32, nays 22, with the following results:
Mrs. Opal Fyffe of DeKalb County was confirmed as a member of the Board of Examiners of Nurses for Georgia for a term beginning September 23, 1969, and ending September 23, 1972.

The Senate then took up for consideration the following listed appointments which were all the appointments submitted in the hereinabove communication dated February 2, 1970 from His Excellency, Governor Lester Maddox, with the exception of the eighteen herebefore this day considered:
Honorable James E. Bates of Hall County as a member of the State Board of Accountancy for a term beginning July 9, 1969, and ending June 30, 1973.
Honorable Louis A. Thompson of Chatham County as a member of the State Board of Accountancy for a term beginning July 17, 1969, and ending June 30, 1971.
Dr. John T. Mauldin of Fulton County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.
Honorable Scott Houston, Jr. of Gwinnett County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.
Honorable Hugh W. Gaston of Dougherty County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.
Honorable H. C. Morrison of Chatham County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.
Dr. C. 0. Templeton of Lowndes County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

MONDAY, FEBRUARY 9, 1970

581

Honorable A. 0. Cochran of Pulton County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.

Honorable William Hall of Dougherty County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.

Honorable Clifford Pope of Cobb County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.

Honorable Zeb Vance Lackey of Lowndes County as a member of the State Board for Examination, Qualification and Registration of Architects for a term beginning September 26, 1969, and ending March 5, 1972.

Honorable Gordon Pealock of DeKalb County as a member of the Georgia State Board of Barbers for a term beginning July 9, 1969, and ending May 13, 1972.

Honorable Jack H. Smith of DeKalb County as a member of the Georgia State Board of Barbers for a term beginning August 4, 1969, and ending May 13, 1972.

Honorable Wiley Fordham of Bulloch County as a member of the Georgia State Board of Barbers for a term beginning August 4, 1969, and ending May 13, 1972.

Honorable James T. Mclntyre, Jr. of Fulton County as a member of the State Building Administrative Board for a term beginning December 1, 1969, and ending December 1, 1973.

Honorable George Bullock of Clarke County as a member of the State Building Administrative Board for a term beginning December 1, 1969, and ending December 1, 1973.

Honorable Donald B. Howe, Sr. of Haralson County as a member of the State Board for Children and Youth for a term July 10, 1969, and ending July 1,1975.

Mrs. H. Sol Clark of Chatham County as a member of the State Board for Children and youth for a term beginning July 10, 1969, and ending July 1, 1975.

Honorable Irving K. Kaler of Fulton County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1, 1975.

Honorable David Holmes of Washington County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1, 1975.

582

JOURNAL OF THE SENATE,

Mrs. Lester Harbin of Floyd County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1, 1975.

Honorable Graham W. Jackson, Sr. of Fulton County as a member of the State Board of Corrections for a term beginning December 10, 1969, and ending November 27, 1974.

Dr. Harold C. Walraven, Jr. of Fulton County as a member of the Board of Dental Examiners of Georgia for a term beginning January
7, 1970, and ending August 1, 1974.

Honorable Eldridge Perry of Marion County as a member of the Georgia Development Authority for a term beginning July 23, 1969, and ending July 1, 1977.

Honorable Henry K. Burns of Bibb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors for a term beginning September 8, 1969, and ending June 1, 1974.

Honorable John Reginald Davis of Fulton County as a member of the Food Service Advisory Council for a term beginning July 17,
1969, and ending July 1, 1973.

Honorable L. H. Morgan of Dodge County as a member of the State Forestry Commission for a term beginning February 28, 1970, and ending January 1, 1977.

Honorable James F. Darby, Jr. of Toombs County as a member of the State Game and Fish Commission for a term beginning January 7, 1970 and ending January 1, 1977.

Dr. Robert A. Collins of Sumter County as a member of the State Game and Fish Commission for a term beginning January 7, 1970, and ending January 1, 1977.

Dr. J. T. Mercer of Elbert County as a member of the Board of Health for a term beginning July 10, 1969, and ending July 1, 1975.
Dr. Lamar Peacock of Fulton County as a member of the Board of Health for a term beginning July 10, 1969, and ending July 1, 1975.
Dr. Louie H. Griffin of Evans County as a member of the Board of Health for a term beginning July 10, 1969, and ending July 1, 1975.
Dr. Thomas J. Anderson of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.
Dr. Louis C. Brown of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.

MONDAY, FEBRUARY 9, 1970

58$

Honorable R. L. "Red" Tindol, Jr. of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.

Dr. Lewis H. Williams of Stephens County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.

Lt. Col. LeRoy Cowart of Bulloch County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Honorable Paul Sinclair of Macon County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Reverend Frank Nails of Glynn County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Mrs. Wilma W. Shelnutt of Clayton County as a member of the Hospital Advisory Council for a term beginning December 17, 1969, and ending July 1, 1973.

Honorable Thomas J. Wesley, Jr. of Fulton County as a member of the Board of Commissioners of the Department of Industry and Trade for a term beginning July 14, 1969, and ending April 1, 1975.

Honorable Harry C. Adley of Fulton County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22, 1970.

Honorable Russell Phillips of Gwinnett County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22, 1972.

Honorable Charles Thurmond of Hall County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22, 1973.

Honorable H. W. Wallis of Hall County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22, 1971.

Dr. William J. Morton of Grady County as a member of the State Board of Medical Examiners for a term beginning September 24, 1969, and ending September 1, 1973.

Dr. Y. F. Carter, Jr. of Berrien County as a member of the State Board of Medical Examiners for a term beginning September 24, 1969, and ending September 1, 1973.

584

JOURNAL OF THE SENATE,

Honorable Ed Wayne of Hall County as a member of the North Georgia Mountains Authority for a term beginning January 29, 1970, and ending April 4, 1974.

Honorable Ed Wayne of Hall County as a member of the North Georgia Mountains Commission for a term beginning January 29, 1970, and ending April 4, 1974.

Sister Mary Bonaventure of Fulton County as a member of the Board of Examiners of Nurses for Georgia for a term beginning September 23, 1969, and ending September 23, 1972.

Dr. Eugene Odum of Clarke County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970, and ending January 5, 1972.

Dr. E. L. Cheatum of Clarke County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970, and ending January 5, 1974.

Dr. Frederick Bellinger of DeKalb County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970, and ending January 5, 1976.

Dr. Edward H. Shannon of Hall County as a member of the Georgia State Board of Examiners in Optometry for a term beginning September 18, 1969, and ending September 6, 1972.

Dr. Hoyt B. Trimble of Fulton County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning September 26, 1969, and ending September 10, 1972.

Dr. Henry D. Webb of Muscogee County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning September 26, 1969, and ending September 10, 1972.

Honorable E. J. Calhoun, Jr. of DeKalb County as a member of the State Board of Pardons and Paroles for a term beginning January 23, 1970, and ending January 1, 1971.

Honorable Leonard Morris of Tift County as a member of the State Personnel Board for a term beginning November 23, 1969, and ending November 23, 1976.

Honorable W. G. (Jack) Moran of Glynn County as a member of the Georgia State Board of Pharmacy for a term beginning November 1, 1969, and ending November 1, 1974.

Honorable Joe Lattanzi of Cobb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

585

Honorable Henry Seldon of Coweta County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Taylor Lumpkin of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Obie O'Neal of Dougherty County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Dick Cecil of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July
28, 1969, and serving at the pleasure of the Governor.

Dr. Clyde Partin of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable James A. Colley of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Raymond Williams of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Paul Kennedy of Floyd County as a member of the Governor's Council on Physical Fitness for a term, beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable R. E. (Bob) Blackwell of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Major Barney G. Ragsdale of Fulton County as a member of the Board of Polygraph Examiners for a term beginning October 29, 1969, and ending July 15, 1975.

Honorable Charles E. Walker of Muscogee County as a member of the Georgia Ports Authority for a term beginning October 8, 1969, and ending June 30, 1973.

Honorable Hubert Dollar of Decatur County as a member of the Georgia Ports Authority for a term beginning October 8, 1969, and ending June 30, 1973.

Honorable P. Raymond Summerlin of DeKalb County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1971.

586

JOURNAL OF THE SENATE,

Honorable Albert J. Twiggs of Fulton County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1975.

Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1970.

Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning April 24, 1970, and ending April 24, 1971.

Dr. E. L. Cheatum of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning September 22, 1969, and ending April 1, 1972.

Dr. Lewis S. Shelton of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning September 22,1969, and ending April 1,1972.

Dr. Marcus B. Morehead of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 1,1969, and ending April 1,1974.

Senator Lamar R. Plunkett of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 10,1969, and ending October 10,1975.

Honorable Donald C. Johnston of Baldwin County as a member of the Georgia Science and Technology Commission for a term beginning October 10,1969, and ending October 10,1975.

Dr. Alexander B. Lacy of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1973.

Dr. George S. Parthemos of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning October
10,1969, and ending October 10, 1973.

Mrs. Lucy Smith of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1973.

Dr. Larry Howard of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1971.

Dr. Douglas B. Kendrick of Cobb County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1971.

MONDAY, FEBRUARY 9, 1970

587

Honorable Earl R. Harwick of Fulton County as a member of the Stone Mountain Memorial Association for a term beginning February 24,1970, and ending February 24,1973.

Honorable Earl R. Harwick of Fulton County as a member of the Stone Mountain Memorial Committee for a term beginning February 24, 1970, and ending February 24,1973.

Honorable William E. Clark of Fulton County as a member of the State Board of Registration for Used Car Dealers for a term beginning September 8,1969, and ending May 20,1974.

Honorable Woodrow W. Floyd of Glynn County as a member of the Sttae Board of Registration for Used Car Dealers for a term beginning September 8,1969, and ending May 20,1974.

Dr. Joe B. Crane of Lowndes County as a member of the State Board of Veterinary Medicine for a term beginning November 26, 1969, and ending September 16, 1974.

Honorable Austin R. Bailey of Wayne County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1,1973.

Honorable William B. Greene of Bartow County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1, 1973.

Honorable V. D. Parrott of Whitfield County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1,1973.

Honorable Roscoe Lowery of DeKalb County as a member of the State Board of Workmen's Compensation for a term beginning September 18,1969, and ending May 1,1973.

Honorable W. B. Withers of Colquitt County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Jim Aldredge of Fulton County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Leodel Coleman of Bulloch County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

588

JOURNAL OF THE SENATE,

Honorable Ed Y. Chapin of Walker County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable C. S. "Bo" Coogler of Elbert County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Mrs. Harold I. Tuthill of Chatham County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Dr. Kenneth Coleman of Clarke County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Mrs. Wayne Seaman of Ware County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Thomas Linthicum of DeKalb County as a member of the Georgia Commission for the National Bicentennial Celebration for a
term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Ernest D. Key of Jasper County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Clifford M. Clarke of DeKalb County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Edward W. Hiles of Fulton County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable William B. Spann, Jr. of Fulton County as a member of the Uniform Consumer Credit Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable David Schwartz of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

MONDAY, FEBRUARY 9, 1970

589

Mrs. A. Edward Smith of Muscogee County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Mrs. Clyde P. Anderson of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12, 1970.

Honorable Bert Lance of Gordon County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12, 1970.

Honorable Fred Tolbert of Dougherty County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable Arthur E. Montagne of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable Ralph Matthews of Troup County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable Howard L. Atherton, Jr. of Cobb County, as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable Robert T. Starnes, Jr. of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable L. Scott Stell of Chatham County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable Hugh Logan of Clarke County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term
beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable Mills B. Lane of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Ronnie Thompson of Bibb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

590

JOURNAL OP THE SENATE,

Honorable Jackie Williams of Pulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Dr. Alex B. Lacy, Jr. of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November
6, 1969, and serving at the pleasure of the Governor.

Dr. John H. Venable of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Bobby W. Johnson of Warren County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Clifford Clarke of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable John Portman of Pulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Gordon Jones of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable E. R. Murphy of Bibb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Horace T. Ward of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Reverend William Holmes Borders, Sr., of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Hugh Logan of Clarke County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Ed W. Hiles of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable Cecil A. Alexander of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

591

Honorable Ross Hammond of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning No-
vember 6, 1969, and serving at the pleasure of the Governor.

Honorable E. A. Isakson of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable Walter T. Gates of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Hugh Lee McDaniell of Cobb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable W. D. Trippe of Polk County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Howard Atherton of Cobb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Elliott H. Levitas of DeKalb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable Wendall Smith of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable Harry Bexley of DeKalb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable John Greer of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Nathan Dean of Polk County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Charles Yeargin of Elbert County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Dr. Fleming Jolley of Fulton County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969,
and ending June 30,1970.

592

JOURNAL OF THE SENATE,

Mrs. Mamie K. Taylor of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3,1969, and ending June 30,1970.

Honorable Al Reddick of Fulton County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Mrs. Lib Greene Umhau of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Honorable Robert C. Bock of Cobb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Ray Brokaw of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Honorable Floyd H. Hagin of Hall County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Honorable Wilton Hill of Tattnall County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Honorable J. L. (Louis) Banks of Lamar County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3,1969, and ending June 30,1970.

Judge J. Taylor Phillips of Bibb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Mrs. William (Sue) Clark of Ware County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3,1969, and ending June 30,1970.

Honorable Frank 0. Downing of Chatham County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3,1969, and ending June 30,1970.

Honorable Bryce Holcomb of Hall County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving a the pleasure of the Governor.

Honorable Gene Dyson of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

593

Mrs. Mozelle Christian of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. George W. Ray of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Chester E. Martin of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Mildred Porterfield of Madison County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Carl T. Martin of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable W. W. Huber of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Eric Holmes of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable John Gordon of Hart County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Aubrey Owens of Meriwether County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable T. G. Williams, Jr. of Clarke County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable A. Ray Shirley of Bibb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Hubert Owen of Clarke County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Emory Parrish of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

594

JOURNAL OF THE SENATE,

Mrs. James T. Anderson of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable William J. VanLandingham of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Robert E. Hanie of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Bill T. Hardman of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Herbert Youngblood of Richmond County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. W. B. Mitchell of Monroe County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Steve Polk of Newton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Earl Leonard of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Doris E. Branan of Henry County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Birdie B. Miller of Towns County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable William A. Binns of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Ray Trogdon of Stephens County as a member of the Make
Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Jack Summers of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

595

Honorable Dean C. Swanson of Habersham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5,1969, and serving at the pleasure of the Governor.

Dr. Gerhard Magnus of Clarke County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Honorable Harry Pfiffner of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Mrs. Alex Wainer of Lowndes County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Honorable Robert E. Poss, Jr. of Clarke County as a member of the Food Service Advisory Council for a term beginning January 30, 1970,. and ending December 7, 1973.

Honorable Norman M. Lovein, Jr. of Berrien County as a member of the Georgia State Board of Funeral Service for a term beginning February 13, 1970, and ending February 13, 1976.

Honorable Jack Williams of Ware County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1, 1972.

Dr. Eugenia Lee of Richmond County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning Janu-
ary 30, 1970, and ending November 1, 1972.

Honorable Norman D. Burkett of Whitfield County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1, 1972.

Dr. Jack Runninger of Floyd County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30,1970, and ending November 1, 1972.

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 January 30, 1970, and ending March 29, 1973.

Honorable Frank C. Underwood, Jr. of Chatham County as a mem-
ber of the Charles H. Herty Foundation for a term beginning February 19, 1970, and ending February 19, 1975.

Honorable T. W. Marshall of Fulton County as a member of the Hospital Advisory Council for a term beginning January 30, 1970, and ending July 1, 1971.

596

JOURNAL OF THE SENATE,

Honorable N. Dudley Horton, Jr. of Putnam County as a member of the Hospital Advisory Council for a term beginning January 30, 1970, and ending July 1, 1973.

Dr. Marcus Mashburn, Jr. of Forsyth County as a member of the Lake Lanier Islands Development Authority for a term beginning May 15,1970, and ending May 15,1974.

Dr. Marcus Mashburn, Jr. of Forsyth County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22,1970, and ending July 22,1974.

Dr. Graham Roberts of DeKalb County as a member of the State Board for the Certification of Librarians for a term beginning January 31,1970, and ending January 1,1975.

Mrs. Amilee Graves of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1970, and
ending April 4, 1976.

Mrs. Amilee Graves of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1970, and ending April 4,1976.

Miss Viva Erickson of Meriwether County as a member of the Board of Physical Therapy for a term beginning January 30, 1970, and ending August 30,1972.

Miss Betty Baell of Richmond County as a member of the Board of Physical Therapy for a term beginning January 30, 1970, and ending August 30,1972.

Dr. Parker E. Mahan of DeKalb County as a member of the Radiation Control Council for a term beginning January 30, 1970, and ending July 1,1972.

Dr. Mark Brown of Richmond County as a member of the Radiation Control Council for a term beginning January 30, 1970, and ending July 1,1972.

Honorable E. A. Isakson of Fulton County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and
ending February 24,1973.

Honorable Ernest Brauda of Chatham County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24,1973.

Honorable J. Norwood Clark of Grady County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24,1973.

MONDAY, FEBRUARY 9, 1970

697

Reverend Robert Baggott of Coweta County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29,1973.

Mrs. Cicero A. Johnston of DeKalb County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29,1972.

Honorable George McElveen of Richmond County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29, 1972.

Honorable R. D. Smith, Jr. of Stephens County as a member of the State Board of Veterans Service for a term beginning April 1, 1970, and ending April 1,1977.

Honorable U. Erwin Sibley of Baldwin County as Judge of the County Court of Baldwin County for a term beginning September 3, 1969, and ending September 3,1973.

Honorable Ralph Edward Reddick, Jr. of Effingham County as Judge of the City Court of Springfield for a term beginning January 26,1970, and serving until the next General Election.

Honorable Henry Millhollin of Coffee County as a member of the Constitution Revision Commission for a term beginning August 13, 1969, and serving at the pleasure of the Governor.

Major Barney Ragsdale of Pulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Roger Thompson of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Clinton Chafin of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Jack Rutledge of Muscogee County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Lawrence Mahany of Chatham County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Ray Wilkes of Bibb County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23,1969, and serving at the pleasure of the Governor.

598

JOURNAL OF THE SENATE,

Honorable Jack N. Gunter of Habersham County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Rayford W. Williams of Bulloeh County as a member of the Groveland Lake Development Authority for a term beginning August 5,1969, and ending August 5, 1972.

Honorable A. G. Pinkston, Sr. of Long County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972,

Honorable E. F. Nease, Jr. of Effingham County as a member of the Groveland Lake Development Authority for a term beginning August 5,1969, and ending August 5, 1972.

Honorable John P. Rousakis of Chatham County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972,

Honorable J. D. McLeod of Tattnall County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable J. Dixie Harn of Bryan County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable M. H. Haymans of Candler County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Elliott Brack of Wayne County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Jerry 0. Bange of Appling County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. A. Youngblood of Emanuel County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Holmes A. Smith of Evans County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable B. R. Snooks of Montgomery County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

MONDAY, FEBRUARY 9, 1970

599

Honorable L. L. Phillips of Treutlen County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable James F. Darby, Jr. of Toombs County as a member of the Groveland Lake Development Authority for a term beginning August 5,1969, and ending August 5,1972.

Honorable C. Russell Smiley of Liberty County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable C. L. Miller of Screven County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Charles McAuley of Jenkins County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Johnny Mixon of Mclntosh County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Gordon H. Rountree of Candler County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Rayford W. Williams of Bulloch County as a member of the Groveland Lake Development Committee for a term beginning August 5,1969, and ending August 5,1972.

Honorable A. G. Pinkston, Sr. of Long County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable E. F. Nease, Jr. of Effingham County as a member of the Groveland Lake Development Committee for a term beginning August 5,. 1969, and ending August 5,1972.

Honorable John P. Rousakis of Chatham County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable J. D. McLeod of Tattnall County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable J. Dixie Harn of Bryan County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

600

JOURNAL OF THE SENATE,

Honorable M. H. Haymans of Candler County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Elliott Brack of Wayne County as a member of the Groveland Lake Development Committee for a term beginning August 6, 1969, and ending August 5, 1972.

Honorable Jerry 0. Bange of Appling County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable J. A. Youngblood of Emanuel County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable Holmes A. Smith of Evans County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable B. R. Snooks of Montgomery County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable L. L. Phillips of Treutlen County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5,1972.

Honorable James F. Darby, Jr. of Toombs County as a member of the Groveland Lake Development Committee for a term beginning August 5,1969, and ending August 5,1972.

Honorable C. Russell Smiley of Liberty County as a member of the Groveland Lake Development Committee for a term beginning August 6, 1969, and ending August 5,1972.

Honorable C. L. Miller of Screven County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969,
and ending August 5,1972.

Honorable Charles McAuley of Jenkins County as a member of the Groveland Lake Development Committee for a term beginning August 5,
1969, and ending August 5,1972.

Honorable Johnny Mixon of Mclntosh County as a member of the Groveland Lake Development Committee for a term beginning August B, 1969, and ending August 5, 1972.

Honorable Gordon H. Rountree of Candler County as a member of the Groveland Lake Development Committee for a term beginning August 5,1969, and ending August 5, 1972.

MONDAY, FEBRUARY 9, 1970

601

Dr. Noah Langdale of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1972.

Honorable Jimmy D. NeSmith of Meriwether County as a member of the Georgia Science and Technology Commission for a term beginning April 1,1970, and ending April 1,1976.

Honorable M. M. (Muggsy) Smith of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1,1970, and ending April 1,1976.

Honorable Frank H. Neely of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1,1970, and ending April 1,1976.

Dr. John T. Godwin of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1,1976.

Dr. John H. Venable of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1,1976.

Honorable Harllee Branch, Jr. of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1,1976.

Dr. C. C. Murray of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1,1976.

Honorable John J. McDonough of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April
1,1970, and ending April 1,1976.

Honorable H. McKinley Conway, Jr. of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning April 1,1970, and ending April 1,1976.

Dr. Drewry C. Jackson of DeKalb County as a member of the State Board of Dispensing Opticians for a term beginning March 16, 1970, and ending March 16,1974.

Honorable Claude Daniel of Chatham County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable J. C. Bray of Muscogee County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2,1970, and ending June 30,1970.

602

JOURNAL OF THE SENATE,

Honorable Dwayne L. Brown of Pulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2.1970, and ending June 30,1970.

Honorable Paul T. Addis of Clayton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2,1970, and ending June 30,1970.

Honorable W. C. Bennett of Floyd County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2,1970, and ending June 30,1970.

Honorable R. J. Roebuck of Glynn County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning Feb-
ruary 2, 1970, and ending June 30, 1970.

Honorable Peter Menk of Richmond County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30,1970.

Honorable Charles Cox of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2,1970, and ending June 30,1970.

Honorable John Gay of Dougherty County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning Feb-
ruary 2,1970, and ending June 30,1972.

Honorable Charles Ingram of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30,1972.

Honorable B. L. Hawkins of Hall County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2,1970, and ending June 30, 1972.

Honorable G. Sidney Hampton of Fulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable Marion Lee of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable James D. Dorsey of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2,1970, and ending June 30,1972.

Honorable Wiley Mitchell of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30,1972.

MONDAY, FEBRUARY 9, 1970

603

Honorable William D. Eve of Richmond County as a member of the State Board of Architects for a term beginning March 5, 1970, and ending March 5, 1975.

Honorable John W. Greer of Pulton County as a member of the State Election Board for a term beginning March 15, 1970, and ending May 8, 1970.

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 Noble Padgett Patton 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 confirmation, the ayes were 54, nays 0, and the following nominees were confirmed:
Honorable James E. Bates of Hall County as a member of the State Board of Accountancy for a term beginning July 9, 1969, and ending June 30, 1973.
Honorable Louis A. Thompson of Chatham County as a member of the State Board of Accountancy for a term beginning July 17, 1969, and ending June 30,1971.
Dr. John T. Mauldin of Fulton County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

604

JOURNAL OF THE SENATE,

Honorable Scott Houston, Jr. of Gwinnett County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1, 1973.

Honorable Hugh W. Gaston of Dougherty County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1,1973.

Honorable H. C. Morrison of Chatham County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1,1973.

Dr. C. 0. Templeton of Lowndes County as a member of the State Commission on Aging for a term beginning October 6, 1969, and ending July 1,1973.
Honorable A. 0. Cochran of Fulton County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.
Honorable William Hall of Dougherty County as a member of the State Board of Air Transporttaion for a term beginning June 26, 1969, and serving at the pleasure of the Governor.
Honorable Clifford Pope of Cobb County as a member of the State Board of Air Transportation for a term beginning June 26, 1969, and serving at the pleasure of the Governor.

Honorable Zeb Vance Lackey of Lowndes County as a member of the State Board of Examination, Qualification and Registration of Architects for a term beginning September 26, 1969, and ending March 5, 1972.
Honorable Gordon Pealock of DeKalb County as a member of the Georgia State Board of Barbers for a term beginning July 9, 1969, and ending May 13,1972.

Honorable Jack H. Smith of DeKalb County as a member of the Georgia State Board of Barbers for a term beginning August 4, 1969, and ending May 13,1972.
Honorable Wiley Fordham of Bulloch County as a member of the Georgia State Board of Barbers for a term beginning August 4, 1969, and ending May 13, 1972.

Honorable James T. Mclntyre, Jr. of Fulton County as a member of the State Building Administrative Board for a term beginning December 1,1969, and ending December 1,1973.

Honorable George Bullock of Clarke County as a member of the State Building Administrative Board for a term beginning December 1, 1969, and ending December 1,1973.

MONDAY, FEBRUARY 9, 1970

605

Honorable Donald B. Howe, Sr. of Haralson County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1,1975.

Mrs. H. Sol Clark of Chatham County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1, 1975.

Honorable Irvin K. Kaler of Pulton County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1,1975.

Honorable David Holmes of Washington County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1,1975.

Mrs. Lester Harbin of Ployd County as a member of the State Board for Children and Youth for a term beginning July 10, 1969, and ending July 1,1975.

Honorable Graham W. Jackson, Sr. of Fulton County as a member of the State Board of Corrections for a term beginning December 10, 1969, and ending November 27,1974.

Dr. Harold C. Walraven, Jr. of Fulton County as a member of the Board of Dental Examiners of Georgia for a term beginning January 7, 1970 and ending August 1,1974.

Honorable Eldridge Perry of Marion County as a member of the Georgia Development Authority for a term beginning July 23, 1969, and ending July 1,1977.

Honorable Henry K. Burns of Bibb County as a member of the State Board of Registration for Professional Engineers and Land Surveyors for a term beginning September 8, 1969, and ending June 1, 1974.

Honorable John Reginald Davis of Fulton County as a member of the Food Service Advisory Council for a term beginning July 17, 1969, and ending July 1, 1973.

Honorable L. H. Morgan of Dodge County as a member of the State Forestry Commission for a term beginning February 28, 1970, and ending January 1,1977.

Honorable James F. Darby, Jr. of Toombs County as a member of the State Game and Fish Commission for a term beginning January 7, 1970 and ending January 1,1977.

Dr. Robert A. Collins of Sumter County as a member of the State Game and Fish Commission for a term beginning January 7, 1970, and
ending January 1,1977.

606

JOURNAL OF THE SENATE,

Dr. J. T. Mercer of Elbert County as a member of the Board of Health for a term beginning July 10, 1969, and ending July 1, 1975.

Dr. Lamar Peacock of Fulton County as a member of the Board of Health for a term beginning July 10, 1969, and ending July 1, 1975.

Dr. Louie H. Griffin of Evans County as a member of the Board of Health for a term beginning July 10, 1969, and ending July 1, 1975.

Dr. Thomas J. Anderson of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1,1972.

Dr. Louis C. Brown of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning No-
vember 1, 1969, and ending November 1, 1972.

Honorable R. L. "Red" Tindol, Jr. of Fulton County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1, 1969, and ending November 1, 1972.

Dr. Lewis H. Williams of Stephens County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning November 1,1969, and ending November 1,1972.

Lt. Col. LeRoy Cowart of Bulloch County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Honorable Paul Sinclair of Macon County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Reverend Frank Nails of Glynn County as a member of the Hospital Advisory Council for a term beginning September 23, 1969, and ending July 1, 1973.

Mrs. Wilma W. Shelnutt of Clayton County as a member of the Hospital Advisory Council for a term beginning December 17, 1969, and ending July 1, 1973.

Honorable Thomas J. Wesley, Jr. of Fulton County as a member of the Board of Commissioners of the Department of Industry and Trade for a term beginning July 14, 1969, and ending April 1, 1975.

Honorable Harry C. Adley of Fulton County as a, member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22,1970.

Honorable Russell Phillips of Gwinnett County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969, and ending July 22,1972.

MONDAY, FEBRUARY 9, 1970

607

Honorable Charles Thurmond of Hall County as a member of the Lake Lanier Islands Development Commission for a term beginning Juh 22, 1969, and ending July 22, 1973.

Honorable H. W. Wallis of Hall County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1969. and ending July 22,1971.

Dr. William J. Morton of Grady County as a member of the State Board of Medical Examiners for a term beginning September 24, 1969, and ending September 1,1973.

Dr. Y. F. Carter, Jr. of Berrien County as a member of the State Board of Medical Examiners for a term beginning September 24, 1969, and ending September 1,1973.

Honorable Ed Wayne of Hall County as a member of the North Georgia Mountains Authority for a term beginning January 29, 1970, and ending April 4, 1974.

Honorable Ed Wayne of Hall County as a member of the North Georgia Mountains Commission for a term beginning January 29, 1970, and ending April 4,1974.

Sister Mary Bonaventure of Fulton County as a member of the Board of Examiners of Nurses for Georgia for a term beginning September 23,1969, and ending September 23,1972.

Dr. Eugene Odum of Clarke County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970. and ending January 5, 1972.

Dr. E. L. Cheatum of Clarke County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5, 1970, and ending January 5,1974.

Dr. Frederick Bellinger of DeKalb County as a member of the Ocean Science Center of the Atlantic Commission for a term beginning January 5,1970, and ending January 5,1976.

Dr. Edward H. Shannon of Hall County as a member of the Georgia State Board of Examiners in Optometry for a term beginning September 18,1969, and ending September 6, 1972.

Dr. Hoyt B. Trimble of Fulton County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning September 26, 1969, and ending September 10, 1972.

Dr. Henry D. Webb of Muscogee County as a member of the State Board of Osteopathic Examiners of Georgia for a term beginning September 26,1969, and ending September 10,1972.

608

JOURNAL OF THE SENATE,

Honorable E. J. Calhoun, Jr. of DeKalb County as a member of the State Board of Pardons and Paroles for a term beginning January 23, 1970, and ending January 1,1971.

Honorable Leonard Morris of Tift County as a member of the State Personnel Board for a term beginning November 23, 1969, and ending November 23,1976.

Honorable W. G. (Jack) Moran of Glynn County as a member of the Georgia State Board of Pharmacy for a term beginning November 1,
1969, and ending November 1,1974.

Honorable Joe Lattanzi of Cobb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Henry Seldon of Coweta County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Taylor Lumpkin of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28,
1969, and serving at the pleasure of the Governor.

Honorable Obie O'Neal of Dougherty County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969,and serving at the pleasure of the Governor.

Honorable Dick Cecil of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28,1969, and serving at the pleasure of the Governor.

Dr. Clyde Partin of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable James A. Colley of DeKalb County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Raymond Williams of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable Paul Kennedy of Floyd County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

Honorable R. E. (Bob) Blackwell of Fulton County as a member of the Governor's Council on Physical Fitness for a term beginning July 28, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

609

Major Barney G. Ragsdale of Pulton County as a member of the Board of Polygraph Examiners for a term beginning October 29, 1969, and ending July 15,1975.

Honorable Charles E. Walker of Muscogee County as a member of the Georgia Ports Authority for a term beginning October 8, 1969, and ending June 30, 1973.

Honorable Hubert Dollar of Decatur County as a member of the Georgia Ports Authority for a term beginning October 8, 1969, and end-
ing June 30,1973.

Honorable P. Raymond Summerlin of DeKalb County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1971.

Honorable Albert J. Twiggs of Fulton County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1975.

Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning January 27, 1970, and ending April 24, 1970.

Dr. Charles L. Williams of Floyd County as a member of the State Board of Examiners for Registered Professional Sanitarians for a term beginning April 24,1970, and ending April 24, 1971.

Dr. E. L. Cheatum of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning September 22, 1969, and ending April 1,1972.

Dr. Lewis S. Shelton of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning September 22, 1969, and ending April 1, 1972.

Dr. Marcus B. Morehead of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 1, 1969, and ending April 1, 1974.

Senator Lamar R. Plunkett of Carroll County as a member of the Georgia Science and Technology Commission for a term beginning October 10,1969, and ending October 10,1975.

Honorable Donald C. Johnston of Baldwin County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10,1975.

Dr. Alexander B. Lacy of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10,1973.

610

JOURNAL OF THE SENATE,

Dr. George S. Parthemos of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning October 10,1969, and ending October 10,1973.

Mrs. Lucy Smith of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10,1973.

Dr. Larry Howard of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning October 10, 1969, and ending October 10, 1971.

Dr. Douglas B. Kendrick of Cobb County as a member of the Georgia Science and Technology Commission for a term beginning October 10,1969, and ending October 10, 1971.

Honorable Earl R. Harwick of Fulton County as a member of the Stone Mountain Memorial Association for a term beginning February 24, 1970, and ending February 24, 1973.

Honorable Earl R. Harwick of Fulton County as a member of the Stone Mountain Memorial Committee for a term beginning February 24, 1970, and ending February 24, 1973.

Honorable William E. Clark of Fulton County as a member of the State Board of Registration for Used Car Dealers for a term beginning September 8, 1969, and ending May 20, 1974.

Honorable Woodrow W. Floyd of Glynn County as a member of the State Board of Registration for Used Car Dealers for a term beginning September 8, 1969, and ending May 20, 1974.

Dr. Joe B. Crane of Lowndes County as a member of the State Board of Veterinary Medicine for a term beginning November 26, 1969, and ending September 16, 1974.

Honorable Austin R. Bailey of Wayne County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1, 1973.

Honorable William B. Greene of Bartow County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1, 1973.

Honorable V. D. Parrott of Whitfield County as a member of the State Water Quality Control Board for a term beginning July 29, 1969, and ending July 1,1973.

Honorable Roscoe Lowery of DeKalb County as a member of the State Board of Workmen's Compensation for a term beginning September 18, 1969, and ending May 1,1973.

MONDAY, FEBRUARY 9, 1970

611

Honorable W. B. Withers of Colquitt County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Jim Aldredge of Fulton County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Leodel Coleman of Bulloch County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Ed Y. Chapin of Walker County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.
Honorable C. S. "Bo" Coogler of Elbert County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.
Mrs. Harold I. Tuthill of Chatham County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Dr. Kenneth Coleman of Clarke County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Mrs. Wayne Seaman of Ware County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Thomas Linthicum of DeKalb County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Ernest D. Key of Jasper County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable Clifford M. Clarke of DeKalb County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

612

JOURNAL OF THE SENATE,

Honorable Edward W. Hiles of Fulton County as a member of the Georgia Commission for the National Bicentennial Celebration for a term beginning December 30, 1969, and serving at the pleasure of the Governor.

Honorable William B. Spann, Jr. of Fulton County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable David Schwartz of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Mrs. A. Edward Smith of Muscogee County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning
June 16,1969, and ending January 12,1970.

Mrs. Clyde F. Anderson of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable Bert Lance of Gordon County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable Fred Tolbert of Dougherty County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16, 1969, and ending January 12, 1970.

Honorable Arthur E. Montagne of DeKalb County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable Ralph Matthews of Troup County as a member of the Uniform Consumer Credit Code Study Committee for a term beginning June 16,1969, and ending January 12,1970.

Honorable Howard L. Atherton, Jr. of Cobb County, as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable Robert T. Starnes, Jr. of Fulton County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

Honorable L. Scott Stell of Chatham County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

613

Honorable Hugh Logan of Clarke County as a member of the Planning Board on Crime and Juvenile Delinquency Prevention for a term beginning November 26, 1969, and serving at the pleasure of the Governor.
Honorable Mills B. Lane of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.
Honorable Ronnie Thompson of Bibb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.
Honorable Jackie Williams of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.
Dr. Alex B. Lacy, Jr. of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Dr. John H. Venable of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November
6,1969, and serving at the pleasure of the Governor.

Honorable Bobby W. Johnson of Warren County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable Clifford Clarke of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable John Portman of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable Gordon Jones of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable E. R. Murphy of Bibb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Horace T. Ward of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Reverend William Holmes Borders, Sr., of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

614

JOURNAL OF THE SENATE,

Honorable Hugh Logan or Clarke County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6,1969, and serving at the pleasure of the Governor.

Honorable Ed W. Hiles of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Cecil A. Alexander of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Ross Hammond of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable E. A. Isakson of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Walter T. Gates of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Hugh Lee McDaniell of Cobb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable W. D. Trippe of Polk County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Howard Atherton of Cobb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Elliott H. Levitas of DeKalb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Wendall Smith of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable Harry Bexley of DeKalb County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

Honorable John Greer of Fulton County as a member of the Governor's Committee on Housing in Georgia for a term beginning November 6, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

615

Honorable Nathan Dean of Polk County as a member of the Governor's Committee on Housing in Georgia for a term beginning Novem-
ber 6,1969, and serving at the pleasure of the Governor.

Honorable Charles Yeargin of Elbert County as a member of the Governor's Committee on Housing in Georgia for a term beginning Noevmebr 6,1969, and serving at the pleasure of the Governor.

Dr. Fleming Jolley of Fulton County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30,1970.

Mrs. Mamie K. Taylor of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Al Reddick of Fulton County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Mrs. Lib Greene Umhau of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Robert C. Bock of Cobb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Ray Brokaw of DeKalb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Floyd R. Hagin of Hall County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Wilton Hill of Tattnall County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable J. L. (Louis) Banks of Lamar County as a member of the Governor's Task Force for Traffic for a term beginning November 3, 1969, and ending June 30, 1970.

Judge J. Taylor Phillips of Bibb County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Mrs. William (Sue) Clark of Ware County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

616

JOURNAL OP THE SENATE,

Honorable Frank 0. Downing of Chatham County as a member of the Governor's Task Force for Traffic Safety for a term beginning November 3, 1969, and ending June 30, 1970.

Honorable Bryce Holcomb of Hall County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Gene Dyson of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Mozelle Christian of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. George W. Ray of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Chester E. Martin of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Mildred Porterfield of Madison County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Carl T. Martin of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable W. W. Huber of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Eric Holmes of DeKalb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable John Gordon of Hart County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Aubrey Owens of Meriwether County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable T. G. Williams, Jr. of Clarke County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

617

Honorable A. Ray Shirley of Bibb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Hubert Owen of Clarke County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Emory Parrish of Cobb County as a member of the Make Georgia Beautiful Committee for & term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. James T. Anderson of Cobb County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable William J. VanLandingham of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Robert E. Hanie of DeKalb County as a member of the
Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Bill T. Hardman of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Herbert Youngblood of Richmond County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. W. B. Mitchell of Monroe County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Steve Polk of Newton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Honorable Earl Leonard of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Doris E. Branan of Henry County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Birdie B. Miller of Towns County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

618

JOURNAL OF THE SENATE,

Honorable William A. Binns of Chatham County as a member of the Make Georgia Beautiful Committee for a term beginning November
5, 1969, and serving at the pleasure of the Governor.

Mrs. Ray Trogdon of Stephens County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Mrs. Jack Summers of Fulton County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969,
and serving at the pleasure of the Governor.

Honorable Dean C. Swanson of Habersham County as a member of the Make Georgia Beautiful Committee for a term beginning November 5, 1969, and serving at the pleasure of the Governor.

Dr. Gerhard Magnus of Clarke County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Honorable Harry Pfiffner of Fulton County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Mrs. Alex Wainer of Lowndes County as a member of the Georgia Commission on the Arts for a term beginning March 3, 1970, and ending March 3, 1975.

Honorable Robert E. Poss, Jr. of Clarke County as a member of the Food Service Advisory Council for a term beginning January 30, 1970, and ending December 7, 1973.

Honorable Norman M. Lovein, Jr. of Berrien County as a member of the Georgia State Board of Funeral Service for a term beginning February 13, 1970, and ending February 13, 1976.

Honorable Jack Williams of Ware County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1, 1972.

Dr. Eugenia Lee of Richmond County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1, 1972.

Honorable Norman D. Burkett of Whitfield County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1, 1972.

Dr. Jack Runninger of Floyd County as a member of the Advisory Council for Comprehensive Health Planning for a term beginning January 30, 1970, and ending November 1, 1972.

MONDAY, FEBRUARY 9, 1970

619

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 January 30, 1970, and ending March 29, 1973.

Honorable Frank C. Underwood, Jr. of Chatham County as a member of the Charles H. Herty Foundation for a term beginning February 19, 1970, and ending February 19, 1975.

Honorable T. W. Marshall of Fulton County as a member of the Hospital Advisory Council for a term beginning January 30, 1970, and ending July 1, 1971.

Honorable N. Dudley Horton, Jr. of Putnam County as a member of the Hospital Advisory Council for a term beginning January 30, 1970, and ending July 1, 1973.

Dr. Marcus Mashburn, Jr. of Forsyth, County as a member of the Lake Lanier Islands Development Authority for a term beginning May 15, 1970, and ending May 15, 1974.

Dr. Marcus Mashburn, Jr. of Forsyth County as a member of the Lake Lanier Islands Development Commission for a term beginning July 22, 1970, and ending July 22, 1974.

Dr. Graham Roberts of DeKalb County as a member of the State Board for the Certification of Librarians for a term beginning January 30, 1970, and ending January 1, 1975.

Mrs. Amilee Graves of White County as a member of the North Georgia Mountains Authority for a term beginning April 4, 1970, and ending April 4, 1976.

Mrs. Amilee Graves of White County as a member of the North Georgia Mountains Commission for a term beginning April 4, 1970, and ending April 4, 1976.

Miss Viva Erickson of Meriwether County as a member of the Board of Physical Therapy for a term beginning January 30, 1970, and ending August 30, 1972.

Miss Betty Baell of Richmond County as a member of the Board of Physical Therapy for a term beginning January 30, 1970, and ending August 30, 1972.

Dr. Parker E. Mahan of DeKalb County as a member of the Radiation Control Council for a term beginning January 30, 1970, and ending July 1, 1972.

Dr. Mark Brown of Richmond County as a member of the Radiation Control Council for a term beginning January 30, 1970, and ending July 1, 1972.

620

JOURNAL OF THE SENATE,

Honorable E. A. Isakson of Fulton County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24, 1973.

Honorable Ernest Brauda of Chatham County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24, 1973.
Honorable J. Norwood Clark of Grady County as a member of the Georgia Real Estate Commission for a term beginning February 24, 1970, and ending February 24, 1973.
Reverend Robert Baggott of Coweta County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29, 1973.
Mrs. Cicero A. Johnston of DeKalb County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29, 1973.
Honorable George McElveen of Richmond County as a member of the Georgia Recreation Commission for a term beginning January 30, 1970, and ending June 29, 1972.
Honorable R. D. Smith, Jr. of Stephens County as a member of the State Board of Veterans Service for a term beginning April 1, 1970, and ending April 1, 1977.

Honorable U. Erwin Sibley of Baldwin County as Judge of the County Court of Baldwin County for a term beginning September 3, 1969, and ending September 3, 1973.

Honorable Ralph Edward Reddick, Jr. of Effingham County as Judge of the City Court of Springfield for a term beginning January 26, 1970, and serving until the next General Election.

Honorable Henry Millhollin of Coffee County as a member of the Constitution Revision Commission for a term beginning August 13, 1969, and serving at the pleasure of the Governor.

Major Barney Ragsdale of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Roger Thompson of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Clinton Chafin of Fulton County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

MONDAY, FEBRUARY 9, 1970

621

Honorable Jack Rutledge of Muscogee County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Lawrence Mahany of Chatham County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Ray Wilkes of Bibb County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Jack N. Gunter of Habersham County as a member of the Georgia Organized Crime Prevention Council for a term beginning September 23, 1969, and serving at the pleasure of the Governor.

Honorable Rayford W. Williams of Bulloch County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable A. G. Pinkston, Sr. of Long County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable E. F. Nease, Jr. of Effingham County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable John P. Rousakis of Chatham County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. D. McLeod of Tattnall County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. Dixie Harn of Bryan County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable M. H. Haymans of Candler County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Elliott Brack of Wayne County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Jerry 0. Bange of Appling County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

622

JOURNAL OF THE SENATE,

Honorable J. A. Youngblood of Emanuel County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Holmes A. Smith of Evans County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable B. R. Snooks of Montgomery County as a member of the Groveland Lake Development Authority for a term beginning August 5,
1969, and ending August 5, 1972.

Honorable L. L. Phillips of Treutlen County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable James F. Darby, Jr. of Toombs County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable C. Russell Smiley of Liberty County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable C. L. Miller of Screven County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Charles McAuley of Jenkins County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Johnny Mixon of Mclntosh County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Gordon H. Rountree of Candler County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Rayford W. Williams of Bulloch County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable A. G. Pinkston, Sr. of Long County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable E. F. Nease, Jr. of Effingham County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

MONDAY, FEBRUARY 9, 1970

623

Honorable John P. Rousakis of Chatham County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. D. McLeod of Tattnall County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. Dixie Harn of Bryan County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable M. H. Haymans of Candler County as a member of the Groveland Lake Development Authority for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Elliott Brack of Wayne County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Jerry 0. Bange of Appling County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable J. A. Youngblood of Emanuel County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Holmes A. Smith of Evans County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.
Honorable B. R. Snooks of Montgomery County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.
Honorable L. L. Phillips of Treutlen County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.
Honorable James F. Darby, Jr. of Toombs County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.
Honorable C. Russell Smiley of Liberty County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.
Honorable C. L. Miller of Screven County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

624

JOURNAL OP THE SENATE,

Honorable Charles McAuley of Jenkins County as a member of the Groveland Lake Development Committee for a term beginning- August 5, 1969, and ending August 5, 1972.

Honorable Johnny Mixon of Mclntosh County as a member of the Groveland Lake Development Committee for a term beginning August 5, 1969, and ending August 5, 1972.

Honorable Gordon H. Rountree of Candler County as a member of the Groveland Lake Development Committee for a term beginning
August 5, 1969, and ending August 5, 1972.

Dr. Noah Langdale of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable Jimmy D. NeSmith of Meriwether County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable M. M. (Muggsy) Smith of Fulton as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable Frank H. Neely of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Dr. John T. Godwin of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Dr. John H. Venable of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable Harllee Branch, Jr. of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Dr. C. C. Murray of Clarke County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable John J. McDonough of Fulton County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

Honorable H. McKinley Conway, Jr. of DeKalb County as a member of the Georgia Science and Technology Commission for a term beginning April 1, 1970, and ending April 1, 1976.

MONDAY, FEBRUARY 9, 1970

625

Dr. Drewry C. Jackson of DeKalb County as a member of the State Board of Dispensing Opticians for a term beginning March 16, 1970, and ending March 16, 1974.
Honorable Claude Daniel of Chatham County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.
Honorable J. C. Bray of Muscogee County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.
Honorable Dwayne L. Brown of Fulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.
Honorable Paul T. Addis of Clayton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.
Honorable W. C. Bennett of Floyd County as member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable R. J. Roebuck of Gylnn County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable Peter Menk of Richmond County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable Charles Cox of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1970.

Honorable John Gay of Dougherty County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable Charles Ingram of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term begin-
ning February 2, 1970, and ending June 30, 1972.

Honorable B. L. Hawkins of Hall County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable G. Sidney Hampton of Fulton County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

626

JOURNAL OF THE SENATE,

Honorable Marion Lee of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable James D. Dorsey of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable Wiley Mitchell of DeKalb County as a member of the State Board of Examiners of Plumbing Contractors for a term beginning February 2, 1970, and ending June 30, 1972.

Honorable William D. Eve of Richmond County as a member of the State Board of Architects for a term beginning March 5, 1970, and ending March 5, 1975.

Honorable John W. Greer of Fulton County as a member of the State Election Board for a term beginning March 15, 1970, and ending May 8, 1970.

Action on the confirmation of the nominees by the Senate was communicated to His Excellency, Governor Lester Maddox, by letter dated February 9, 1970.

The following communications were received from His Excellency, Governor Lester G. Maddox:
Executive Department Atlanta
February 9, 1970
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:
Mrs. Mary Austin of Paulding County as a member of the Board of Examiners of Practical Nurses of Georgia, for a term beginning April 1, 1970, and ending April 1, 1974.
Honorable L. R. Tucker of Franklin County as a member of the Georgia Poultry Inspection Commission for a term beginning February 9, 1970, and ending June 30, 1972.

MONDAY, FEBRUARY 9, 1970

627

Honorable George L. Cagle of Fulton County as a member of the Georgia Poultry Inspection Commission for a term beginning February 9, 1970, and ending June 30, 1972.

Honorable Tom Arrendale of Habersham County as a member of the Georgia Poultry Inspection Commission for a term beginning February 9, 1970, and ending June 30, 1972.

Honorable Walter J. (Bill) Schimmel of Clarke County as a member of the Georgia Poultry Inspection Commission for a term beginning February 9, 1970, and ending June 30, 1972.

Honorable Ralph Mobley of Fulton County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973.

Honorable Homer Wilson of Hall County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973.
Honorable Al Burris of Cobb County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973.

Honorable James Evans, Jr. of Hall County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973.
Honorable Horace Sewell of Whitfield County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973.
Respectfully submitted, /s/ Lester Maddox
Governor

Executive Department Atlanta
February 9, 1970
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 to the Georgia Youth Council for terms beginning February 6, 1970, and serving at the pleasure of the Governor:

628

JOURNAL OF THE SENATE,

NAME AND ADDRESS

COUNTY

Joseph Richard Martin Box 8 Valdosta, Georgia 30473 Robert Jason Conner Route 1, Box 2 Mount Vernon, Georgia 30445 Ira Joe Johnson Route 1, Box 160-B Dry Branch, Georgia 31020 Karen Lynn Benson 3530 Malatche Drive Columbus, Georgia 31907 Ronald Franklin Gilbert P. 0. Box 584 Hawkinsville, Georgia 31036 Bunny Fuller Route #1 Reynolds, Georgia 31076 Jerry Parker Allums P. O. Box 86 Hawkinsville, Georgia 31036 Susan Lynn Young Route #1 Reynolds, Georgia 31076 William LaRoy Barrow P. 0. Box 154 Butler, Georgia 31006 Steve Bradley 1835 Almeta Avenue, N. E. Atlanta, Georgia 30307 Mark Scott 1388 Bubbling Creek Road Atlanta, Georgia 30319 William Anderson Flowers 1932 Cindy Drive Decatur, Georgia 30032 Ricky Briggs 1549 North Springs Drive Dunwoody, Georgia 30338 Jack Loyd Haynes 1538 Dunex Hill Lane, N. E. Atlanta, Georgia 30329 Steven Alexander Jakes 1728 Mary Lou Lane, S. E. Atlanta, Georgia 30304 Darrell Holmes 2973 Clifton Church Road Atlanta, Georgia 30316 Clifton N. Irby 27 Lakeshore Drive Avondale Estates, Georgia 30032 James B. Wooten 2361 Glendale Drive Decatur, Georgia 30032

Montgomery Montgomery Twiggs Muscogee Pulaski Taylor Pulaski Taylor Taylor DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb DeKalb

DISTRICT 1 1 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4

MONDAY, FEBRUARY 9, 1970

Nick Moraitakis 964 Biltmore Drive, N. E. Atlanta, Georgia 30329 Rebecca Jo Lance 2031 Mesa Drive, S. E. Atlanta, Georgia 30316 Larry Kaplan 1421 Stephens Drive, N. E. Atlanta, Georgia 30329 Vicki Janet Smith 1149 Powell Court Atlanta, Georgia 30329 Bob Havely 175 Spalding Drive Atlanta, Georgia 30328 Steven Wilson Route #2 Locust Grove, Georgia 30248 Robert Morgan Conner 289 Wesley Circle Macon, Georgia 31204 James Troy Chafin III Route #2, Box 350 McDonough, Georgia 30253 Patrick Joseph McKenna 2358 Old Holton Road Macon, Georgia 31204
Al Duke 505 South Cherokee Street LaFayette, Georgia 30728
Raymond Logan Fowler Box 866 Douglasville, Georgia 30134
Steve Gentry 2605 Mack Smith Road Rossville, Georgia 30741
Phil Scoggins 306 Warthen Street LaFayette, Georgia 30728
Jennifer James 3852 Temple Street Lithia Springs, Georgia 30057
Lee Malcolm Gillis Box 83 Hazlehurst, Georgia 31539
Miss Nancy Anne Avriett 115 Virginia Avenue Homerville, Georgia 31634
Pam Wooten P. 0. Box 127 Hazelhurst, Georgia 31539
Sandra Lee Wade Star Route Blairsville, Georgia 30512

DeKalb DeKalb DeKalb DeKalb Fulton Henry Bibb Henry Bibb Walker Douglas Walker Walker Douglas Jeff Davis Clinch Jeff Davis Union

629 4 4 4 4 5 6 6 6 6

'630

JOURNAL OF THE SENATE,

Jane Exley

Newton

10

5181 South Bearing Street

Covington, Georgia 30209

Robert A. Burnett

Newton

10

P. 0. Box 381

Oxford, Georgia 30267

Huanne Moore

Newton

10

5106 Jackson Road

Covington, Georgia 30209

Patricia Alien

Newton

10

P. 0. Box 1016

Covington, Georgia 30209

Hugh Hudson

Newton

10

4135 Howard Street

Covington, Georgia 30209

David Persons Birdsong

Jasper

10

College Street

Monticello, Georgia 31064

LM:jc

Respectfully submitted, /a/ Lester Maddox
Lester Maddox Governor

Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following 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 26. Respectfully submitted, Eldridge of the 7th District, Chairman.

Senator Holloway of the 12th moved that the Senate do now adjourn until 9:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:00 o'clock A. M. tomorrow.

TUESDAY, FEBRUARY 10, 1970

631

Senate Chamber, Atlanta, Georgia Tuesday, February 10, 1970

The Senate met pursuant to adjournment at 9:00 o'clock A. M. today, and was called to order by the President.

Senator Kennedy of the 4th 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 Kennedy of the 4th asked unanimous consent that the following beestablished 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. Charles B. Watkins^

Senator Vann of the 10th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Reverend S. Michael O'Brien,, pastor, Westminister Presbyterian Church, Rome, Georgia.

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

632

JOURNAL OP THE SENATE,

Mr. President:

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

HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 (Ga. L. 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate substitute to the following bill 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 Fish Commission; to provide for penalties for violations; and for other purposes.

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

HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th and Lewis of the 37th:
A bill to amend Code Section 93-206 and Code Section 93-208, pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.

HB 1136. By Mr. Lewis of the 37th:
A bill to amend an Act creating the Georgia Historical Commission, so as to remove the provision placing a ceiling on the salary of employees of the Commission; and for other purposes.

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built

TUESDAY, FEBRUARY 10, 1970

633

housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

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

SB 491. By Senator Webb of the llth:
A bill to amend an Act creating the Georgia Factory for the Blind; as amended, so as to provide that surplus funds may be accrued by the Factory not to exceed a total of $250,000.00; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

SB 492. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, as amended, so as to change the date of the City election; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 493. By Senator Trippe of the 31st:
A bill to reenact Section 15 of an Act approved March 9, 1945, entitled "An Act creating the State Ports Authority; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this State, terminal facilities of all kinds; conferring powers and imposing duties on the Authority"; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SB 494. By Senator London of the 50th:
A bill to create a board of commissioners of Towns County; to provide for commissioner districts; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 495. By Senator London of the 50th:
A bill to amend an Act creating a new charter for the City of Young Harris, as amended, so as to change the date of elections in said city; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

634

JOURNAL OF THE SENATE,

SB 496. By Senator Chapman of the 32nd:
A bill to amend an Act providing a new charter for the City of Marietta as amended, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 497. By Senator Hensley of the 33rd:
A bill to authorize contractors to establish an escrow agreement, with an escrow agent of his choice, subject to regulations of the Highway Department; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 498. By Senator Hensley of the 33rd:
A bill to amend an Act providing that the State Highway Board shall construct and maintain those portions of the State-aid system of roads lying within the corporate limits of municipalities, so as to provide for the State Highway Board to maintain all portions of the State-aid road systems within municipalities; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

SB 500. By Senator Broun of the 46th:
A bill to amend an Act fixing the compensation of the judge of the Juvenile Court of Clarke County, as amended, so as to change the compensation of the judge; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 501. By Senator Broun of the 46th:
A bill to provide for the compensation of the Coroner of Clarke County;, to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 502. By Senator Broun of the 46th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the county of Clarke, as amended, so as to change the compensation of the chairman and members of the board; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

TUESDAY, FEBRUARY 10, 1970

635

SB 503. By Senator Broun of the 46th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, as amended, 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 504. By Senator Broun of the 46th:
A bill to create the Athens-Clarke County Charter Commission; to provide for a short title; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 505. By Senator Broun of the 46th:
A bill to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 506. By Senator Broun of the 46th:
A bill to amend an Act granting a charter to the Mayor and Council of the City of Athens, so as to provide that a municipal elective officer of the Mayor and Council of the City of Athens shall be eligible to enter as a candidate any political party primary or general election other than to succeed himself as an incumbent or a public elective office; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 507. By Senator Broun of the 46th:
A bill to amend an Act establishing a City Court in the County of Clarke as amended, so as to change the name of the said court of Athens; to provide that the changing of the name of said court shall not affect the status of the said court in any other manner; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 508. By Senator Broun of the 46th:
A bill to amend an Act fixing the compensation of the treasurer of Clarke County, so as to change the compensation of the treasurer; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

636

JOURNAL OF THE SENATE,

SB 509. By Senator Broun of the 46th:
A bill to amend an Act consolidating the Clarke County Board of Health and the Board of Health of the City of Athens, as amended, so as to change the method of funding and the manner of selection of members; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 510. By Senator Padgett of the 23rd: A bill to amend the charter of the City of Augusta, incorporated as The City Council of Augusta; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 511. By Senator McGill of the 24th: A bill to authorize the use of public funds of Wilkes County for industrial development and related purposes; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 512. By Senators Garrard of the 37th, Johnson of the 38th, Stephens of the 36th and others: A bill to amend Code Section 47-102 relating to State Senatorial Districts as amended, so as to change the descriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.
SB 513. By Senator Vann of the 10th: A bill to provide the circumstances under which certain unsolicited merchandise shall be deemed to be an unconditional gift to the recipient of such merchandise; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 514. By Senators Adams of the 26th and Tysinger of the 41st: A bill to amend Code Section 84-1001, relating to the Board of Examiners of Nurses for Georgia, so as to provide that the Board shall be composed of 5 persons who shall be appointed by the Governor for terms of 3 years, which appointments may be made from a list of 5 members of the Georgia State Nurses' Association; to repeal conflicting laws; and for other purposes.
Referred to Committee on Health and Welfare.

TUESDAY, FEBRUARY 10, 1970

637

SR 276. By Senators Chapman of the 32nd, Carter of the 14th, Kennedy of the 4th and others:
A resolution creating an interim study committee to study private schools in this State; and for other purposes.
Referred to Committee on Educational Matters.

SR 277. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to abolish any or all agencies established for the administration of the programs of educational loans, grants or scholarships and to transfer to such agency as the General Assembly shall provide the administration of such programs; and for other purposes.
Referred to Committee on University System of Georgia.

The following bills of the House were read the first time and referred to committees:

HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing appropriations for the fiscal years 1969-1970 and 1970-1971, known as the "General Appropriations Act", so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; and for other purposes.
Referred to Committee on Appropriations.

HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th and others:
A bill to amend Code Section 93-206 and Code Section 93-208, pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1136. By Mr. Lewis of the 37th:
A bill to amend an Act creating the Georgia Historical Commission, so as to remove the provision placing a ceiling on the salary of employees of the Commission; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

638

JOURNAL OF THE SENATE,

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built. housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.
Referred to Committee on Highways.

The following bills and resolutions of the Senate and House were read the second time:

SB 484. By Senators Johnson of the 38th, Hardy of the 56th, Smith of the 34th and others:
A bill to amend an Act providing for the construction and operation of airports, so as to provide for the acquisition of property to act as a buffer zone; to provide that no property for buffer zone purposes shall be acquired at a distance greater than two miles from the airport;, and for other purposes.

SB 485. By Senator Vann of the 10th:
A bill to provide for the election of the members of the Board of Education of Mitchell County; to provide for education districts; to repeal conflicting laws; and for other purposes.

SB 486. By Senator Vann of the 10th:
A bill to provide that Mitchell County School Superintendent shall be appointed by the Mitchell County Board of Education upon the termination of the present term of office of the present Mitchell County School Superintendent; to repeal conflicting laws; and for other purposes.

SB 487. By Senator Vann of the 10th:
A bill to amend an Act creating a new charter for the City of Baconton, as amended, so as to provide that primaries and elections conducted in said city shall be conducted in conformity with the Municipal Election Code; to repeal conflicting laws; and for other purposes.
SB 488. By Senators Spinks of the 9th and McGill of the 24th:
A bill to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain conditions; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

639

SB 489. By Senator Holley of the 22nd:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations, companies, or persons, firms, or associations owning, leasing, managing or operating a radio common carrier system as defined in the Act; to repeal conflicting laws; and for other purposes.

SB 490. By Senators Johnson of the 38th, Coggin of the 35th, Hardy of the 56th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

SR 272. By Senator Webb of the llth:
A resolution amending a Resolution creating the Constitution Revision Commission, so as to authorize payment of certain members of the Commission; to repeal conflicting laws; and for other purposes.

SR 273. By Senator Hensley of the 33rd:
A resolution creating the Joint House-Senate Transportation Study Committee; and for other purposes.

SR 274. By Senators Fincher of the 51st,, Kidd of the 25th, McGill of the 24th and others:
A resolution proposing an amendment to the Constitution, so as to change the size of the State Board of Corrections; and for other purposes.

SB 499. By Senators Smith of the 34th, Bateman of the 27th and Hill of the 29th:
A bill to create a public corporation, to be known as the "Metropolitan Airports Commission"; to define the purposes of this Act; to repeal conflicting laws; and for other purposes.

HB 327. By Messrs. Smith of the 3rd and Horton of the 95th:
A bill to establish the Georgia State Board of Hearing Aid Dealers and dispensers; and for other purposes.

HB 921. By Mr. Jones of the 84th:
A bill to repeal an Act requiring all statehouse officers and appointees of any department of State and county officers who receives fees and

640

JOURNAL OF THE SENATE,

compensation other than salary to keep a daily account of such fees and compensation and to make sworn itemized statements with the Comptroller General of the State; and for other purposes.

HB 1071. By Mr. Jordan of the 74th:
A bill to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his removing any wrecked automobile from the scene of an accident; and for other purposes.

HB 1114. By Messrs. Cooper and Wood of the llth and Matthews of the 63rd:
A bill to amend an Act regulating the sanitary conditions of meat, poultry and dairy processing plants, so as to change the licensing requirements for poultry processing plants; and for other purposes.

HB 1240. By Mr. Williams of the llth:
A bill to amend Code Section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of poultry and processed poultry; and for other purposes.

HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd and others:
A bill to amend Chapter 13-2 of Title 13 of the Code of Georgia known as the "Banking Law of Georgia", relating to the definition of terms and the regulation of banks, so as to redefine the terms "Branch Bank", "Bank Office", "Bank Facility", "Village", and to define the term "county"; and for other purposes.

HB 1358. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th:
A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties relative only to endorsement of late motor vehicle tag applications and the penalties and fees in relation thereto and to the collection of all fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied; and for other purposes.

HB 1361. ByMr.Egan of the 116th:
A bill to amend Code Title 34, known as the "Georgia Election Code", so as to change the provisions relating to different voter registration requirements and voting procedures in regard to elections for presidential and vice presidential electors and for the governor and lieutenant governor for certain electors; and for other purposes.

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641

HB 1403. By Messrs. Hudson and Dorminy of the 48th:
A bill to provide for the disposition of insolvent costs from fines and forfeitures arising from traffic cases in certain counties; and for other purposes.

HB 736. By Messrs. Townsend of the 115th, Brantley of the 114th, Alexander of the 108th, and others:
A bill to create a racing commission in certain counties of this State for the regulation, licensing, and supervision of dog and horse racing, and wagering thereon; and for other purposes.

HB 1093. By Mr. Gaynor of the 88th:
A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to authorize retirement benefits for the judges of said Court; and for other purposes.

HB 1186. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating a new charter for the City of Perry, so as to provide that after the 1970 general election, the general election in the City of Perry shall be conducted in each odd-numbered year; and for other purposes.

HB 1327. By Messrs. Fallin and Bostick of the 63rd:
A bill to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

HB 1328. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend an Act creating the office of tax commissioner of Colquitt County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1366. By Messrs. Caldwell and Smith of the 39th:
A bill to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; and for other purposes.

HB 1367. 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 provide that the mayor and council of said city are author-

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ized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.

HB 1368. 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 1389. By Messrs. Adams of the 100th, Wilkerson of he 103rd, Hill of the 97th and others:
A bill to amend Section 92-6201 of the Code of Georgia, relating to the time to make tax returns which said amendment shall be applicable to all counties having therein the greater part of a city having a population of more than 400,000; and for other purposes.

HB 1392. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Carnes of the 104th and others:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to change the designation of the officers to whom this Act relates to "first assistant district attorney" and "trial assistant district attorney", respectively; and for other purposes.

HB 1393. By Messrs. Harris and Farrar of the 77th, Westlake, Davis, Floyd and Higginbotham of the 75th, Morris of the 73rd and others:
A bill to provide for and regulate the payment out of the county treasuries of the circuit of official court reporters of the Superior Courts in judicial circuits of this State having therein a county of not less than 250,000 population and not more than 500,000; and for other purposes.

HB 1394. 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; and for other purposes.

HB 1396. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members of the Board of the Wayne County Hospital Authority; and for other purposes.

HB 1398. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, so as to change the compensation of the mayor and city commissioners; and for other purposes.

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643

HB 1399. By Mr. Douglas of the 42nd:
A bill to amend an Act placing the sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy sheriff of Johnson County; and for other purposes.

HB 1400. By Mr. Phillips of the 50th:
A bill to amend an Act creating a Board of Commissioner of Roads and Revenues for Montgomery County and creating a new Board of Commissioners, so as to change the compensation of the clerk of the Board of Commissioners; and for other purposes.

HB 1401. 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 1402. By Messrs. Hudson and Dorminy of the 48th: A bill to amend an Act incorporating the City of Ocilla, so as to provide for an increase in fines and other punishment for all offenses against the ordinances of said city; and for other purposes.
HB 1404. By Messrs. Hudson and Dorminy of the 48th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
HB 1407. By Mr. Jones of the 59th: A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the clerk; and for other purposes.
HB 1408. By Mr. Jones of the 59th: A bill to amend an Act establishing the City Court of Hinesville, so as to change the salary of the Solicitor of said Court; and for other purposes.
HB 1409. By Mr. Jones of the 59th: A bill to place the Coroner of Liberty County on a monthly salary in lieu of the Fee system of compensation; and for other purposes.

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HB 1410. By Mr. Jones of the 59th:
A bill to amend an Act establishing the City Court of Hinesville, so as to change the salary of the judge of said court; and for other purposes.

HB 1411. By Mr. Jones of the 59th:
A bill to amend an Act supplementing the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.

HB 1412. By Mr. Jones of the 59th:
A bill to amend an Act creating the office of Tax Commissioner of Liberty County, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1413. By Messrs. Harris of the 77th and Carnes of the 104th:
A bill to amend an Act applying to counties having a population of not less than 300,000 and directing the county commissioners thereof to pay to the board of education all commissions which would have been retained by the commissioner for school taxes, so as to make said Act applicable to counties having a population of not less than 500,000; and for other purposes.

HB 1414. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Levitas, Thomason of the 77th and others:
A bill to amend Code Section 92-6201, relating to the time for making tax returns, so as to provide that the tax commissioner of any county of this State having a population of not less than 250,000 nor more than 500,000, may eliminate the penalty for failure to timely file tax returns on motor vehicles; and for other purposes.

HB 1415. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Thomason and Levitas of the 77th and others:
A bill to repeal an Act entitled "Revision and Completion of Tax Assessments in Certain Counties"; and for other purposes.

HB 1417. By Messrs. Snow and Crowe of the 1st:
A bill to amend an Act incorporating the City of Lookout Mountain, so as to define certain terms; to further define the corporate limits of said city; and for other purposes.

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645

HB 1418. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the Superior Court, sheriff's deputies, and tax collector, the ordinary, and the coroner; and for other purposes.

HB 1419. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahooehee County on a salary in lieu of a fee basis, so as to change the compensation of the sheriff; and for other purposes.
HB 1420. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act repealing an Act creating a commissioner of McDuffie County and creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairman and members of said Board; and for other purposes.

HB 1422. By Mr. Knowles of the 22nd:
A bill to authorize and empower the board of county commissioners in certain counties of this State to prescribe, impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for admission to places of amusement, sport or entertainment; and for other purposes.

HB 1424. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act providing a new charter for the City of Sylvester, so as to authorize said City to extend its electric power lines, water mains and natural gas lines beyond the corporate limits and to serve customers on mains so extended at rates fixed by it; and for other purposes.

HB 1425. By Messrs. Rainey and Bowen of the 47th:
A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax commissioners; and for other purposes.

HB 1426. By Messrs. Rainey and Bowen of the 47th:
A bill to authorize the governing authority of Worth County to make a full and final settlement of all claims of the sheriff and clerk of the superior court of said county respecting the fine fund of said county; and for other purposes.

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HB 1428. By Mr. Jordan of the 55th:
A bill to create a new board of education of Coffee County; to provide for the membership of said board; and for other purposes.

HB 1429. By Mr. Jordan of the 55th:
A bill to amend an Act establishing a new charter for the City of Nicholls, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes.

HB 1430. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board, so as to provide that each member of the Advisory Board shall be elected by the qualified voters of the whole county; and for other purposes.

HB 1431. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and providing in lieu thereof an annual salary, so as to change the daily sum allotted to the sheriff for the purpose of feeding prisoners; and for other purposes.

HB 14B5. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to change the corporate limits of said City; and for other purposes.

HB 1436. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th:
A bill to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; and for other purposes.

HB 1437. By Mr. Harrison of the 66th:
A bill to create and establish the Folkston-Charlton County Airport Authority; and for other purposes.

HB 1438. By Mr. Harrison of the 66th:
A bill to provide for the election of the members of the board of education of Charlton County; to provide for a referendum; and for other purposes.

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647

HB 1439. By Mr. Harrison of the 66th:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to increase the number of Commissioners; and for other purposes.

HB 1440. By Mr. Harrison of the 66th:
A bill to consolidate the offices of tax receiver and tax collector of Camden County; and for other purposes.

HB 1441. By Mr. Harrison of the 66th:
A bill to amend an Act placing the sheriff of Brantley County upon an annual salary, so as to provide that it shall be within the sole discretion of the sheriff as to who will be appointed deputy sheriff; and for other purposes.

HB 1443. By Messrs. Wilson, McDaniell, Henderson, Atherton and Housley of the 117th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the maximum compensation which may be paid to assistant district attorneys; and for other purposes.

HB 1449. By Messrs. Russell and Keyton of the 70th:
A bill to amend an Act placing the sheriff of Thomas County on a salary system of compensation in lieu of the fee system; so as to change the compensation of the sheriff; and for other purposes.

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal government 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.

HR 664. By Messrs. Caldwell and Smith of the 39th:
A resolution to amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson; and for other purposes.

HR 680. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners

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of Henry County to license and regulate businesses in the unincorporated areas of Henry County; and for other purposes.

HR 692. By Messrs. Bohannon and Patterson of the 20th:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County; and for other purposes.

HR 695. By Messrs. Westlake, Davis, Higginbotham of the 75th, and others:
A resolution creating the DeKalb County Retirement System Study Commission; and for other purposes.

The following reports of standing committees were read by the Secretary:

Senator Pennington of the 45th District, Chairman of the Committee on Agriculture & Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture & Natural Resources 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 451. Do pass. SB 488. Do pass. HR 623. Do pass. HB 45. Do pass by substitute. HB 1114. Do pass. HB 1238. Do pass.
Respectfully submitted, Pennington of 45th 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

TUESDAY, FEBRUARY 10, 1970

649

following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 386. Do not pass. Respectfully submitted, Holley of 22nd 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 478. Do pass. SB 479. Do pass. SB 483. Do pass. HB 869. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

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 House and has instructed me, as Vice-Chairman, to report the same back to the Senate with the following recommendations:
HB 1245. Do pass. Respectfully submitted, Holloway of 12th District, Vice-Chairman.

Senator Brown of the 47th District, Acting Chairman of the Committee on County and Urban Affairs, submitted the following report:

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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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 466. Do pass.
SB 469. Do pass as amended.
SB 485. Do pass.
SB 486. Do pass. SB 490. Do pass HB 1315. Do pass. HB 1316. Do pass. HB 1317. Do pass. HB 1328. Do pass. HB 1360. Do pass HB 1366. Do pass. HB 1367. Do pass. HB 1368. Do pass. HB 1399. Do pass. HB 1400. Do pass. HB 1401. Do pass. HB 1407. Do pass. HB 1408. Do pass. HB 1409. Do pass. HB 1417. Do pass. HB 1419. Do pass. HB 1430. Do pass. HB 1431. Do pass. HB 1435. Do pass. HB 1443. Do pass. HB 1449. Do pass. HB 1450. Do pass. HR 521. Do pass. HR 643. Do pass.

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651

HR 617. Do pass. HE 664. Do pass. HR 669. Do pass. HR 692. Do pass.

Respectfully submitted, Brown of 47th District, Acting 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendation:
SB 423. Do pass by substitute.
Respectfully submitted, Smith of 18th District, Chairman.

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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1326. Do pass. Respectfully submitted, Andrews of 49th District, Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill

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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 465. Do not pass.
Respectfully submitted, Hensley of 33rd District, Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recomendations:
HR 535. Do pass.
Respectfully submitted, Hensley of 33rd District,
Chairman.

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 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 by substitute.
Respectfully submitted, Holloway of 12th 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-

TUESDAY, FEBRUARY 10, 1970

653

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 489. Do pass. Respectfully submitted, Fincher of 51st District, Chairman.

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

SB 474. By Senator Dean of the 6th:
A bill incorporating and creating a new charter for the City of Jesup, as amended, so as to provide for recall of the city commissioners, including the mayor, by the voters of the city; to repeal conflicting laws; and for other purposes.
Senator Dean of the 6th offered the following substitute:
A BILL
To be entitled an Act to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 1142), as amended, so as to provide for recall of the city commissioners, including the mayor, by the voters of said city; to provide the procedures connected therewith; to provide for the adoption of the city budget; to provide that the budget for the preceding year shall be the budget for the current year unless the budget is adopted on or before a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act incorporating and creating a new charter for the City of Jesup in Wayne County, Georgia, approved December 15, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 1142), as amended, is hereby amended by adding a new Section between Section 4A and Section 5 to be designated Section 4B, to read as follows:
"Section 4B. Recall of Mayor or Members of the Board of Commissioners. The mayor or any member of the board of commissioners shall be subject to a recall election at any time. The petition for any such recall election must be signed by not less than ten (10%) percent of the qualified registered voters of said city and shall be filed in the office of the city manager of said city. No such petition shall be filed with the city manager, however, unless there

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is attached thereto a certificate executed by the registrar or deputy registrar having charge of voter's registration books in the City of Jesup certifying that the names appearing on said petition have been verified by comparison with the list of qualified, registered voters maintained by him, and that the names appearing thereon
constitute not less than ten (10%) percent of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the city manager, it shall be his duty to call an election to be held not more than thirty (30) days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote 'For recall of the above named officer' or 'Against recall of the above named officer'. The city manager shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies.
No officer subject to the provisions of this Section shall be subject to more than one recall election during a term of office."

Section 2. Said Act is further amended by striking Section 49 in its entirety and inserting in lieu thereof a new Section 49, to read as follows:
"Section 49. The city manager, at least forty-five (45) days prior to the beginning of each budget year, shall submit to the board of commissioners a budget and an explanatory budget message in the form and with the contents hereinafter set forth. The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to public inspection.
The proposed budget shall be read for the first time at the first regular meeting in December of each year and it shall be read for the second time at the first regular meeting in January of each year, after the installation of all newly elected commissioners. At the first regular meeting in January of each year, after the proposed budget is read for the second time, the board of commissioners shall, after making such amendment or amendments thereto as they deem necessary, adopt such proposed budget and make such budget the ruling factor in the annual affairs of the city. In the event the board of commissioners shall fail or refuse to adopt the proposed budget for any reason, the budget for the preceding year shall be and become the budget for the city during the current year.
From the effective date of the budget, the several specific amounts stated therein as proposed expenditures shall be and be-

TUESDAY, FEBRUARY 10, 1970

655

come appropriated to the several objects and purposes therein named, and no warrant for payment of any claim against the city shall be issued until the city treasurer shall have signed the same, thereby certifying that there is an unencumbered balance in such appropriation account, property chargeable, sufficient to meet the obligation entailed by such expenditure; provided, however, that the city manager shall be authorized, when he shall deem the same necessary and expedient, to make payment of all administrative costs of the city government between the beginning of the fiscal year and the date of the adoption of such budget.

Prom the effective date of the budget, the amount stated therein as the amount to be raised by ad valorem tax shall constitute a determination of the amount of the levy for the purpose of the city, in the corresponding tax year, without any further action on behalf of the board of commissioners; provided, however, that said ad valorem tax shall not exceed two (2) per cent upon the value of the property taxed, or twenty mills on the dollar, for general operating expenses.

The budget message submitted by the city manager to the board of commissioners shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the important features of the budget plan. It shall contain the estimated tax levy required to produce an amount of income which, together with the estimated income from all other sources, will equal the appropriations contained in the budget. It shall also contain a capital program of proposed capital projects for the five fiscal years next succeeding the budget year."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 47, nays 0, and the substitute was adopted.

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

On the passage of the bill, the ayes were 47, nays 0.

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

Senator Dean of the 6th moved that SB 474 be immediately transmitted to the House.

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On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 474 was immediately transmitted to the House.

SB 480. By Senator Dean of the 6th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup in Wayne County, as amended, so as to change the corporate limits of the City of Jesup; to repeal conflicting laws; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend SB 480 by striking the word "Company" and the period, single quote and double quote at the end of Section 1 and inserting in lieu thereof the following:
"Company, and all of that land situated, lying and being in Land Lot 24 in the 3rd Land District of Wayne County, Georgia, as shown by deed recorded in Deed Book 114, page 541 in the public records of Wayne County, Georgia, containing 1.52 acres of land, being triangular in shape, bounded on the Northwesterly by lands formerly owned by Ronald F. Adams, now owned by the Wayne County Industrial Authority, and the original Wayne County-Appling County Line for a distance of 563.2 feet; on the Northeasterly side for a distance of 268.6 feet by Federal Road Project No. S1775(3) ; and on the Southeasterly side for a distance of 495 feet by Macon Street Extension.' "

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.

Senator Dean of the 6th moved that SB 480 be immediately transmitted to the House.
On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 480 was immediately transmitted to the House.

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657

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A bill to create the South Fulton Coliseum Authority; to repeal conflicting laws; and for other purposes.

Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th, Garrard of the 37th, Fatten of the 40th, and Hardy of the 56th offered the following substitute:
A BILL
To be entitled an Act establishing a new Charter for the City of East Point in Fulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, especially an Act approved March 5, 1957, amending the Charter of said city (Ga. L. 1957, Vol. II, pp. 2429, et seq.), as amended and for other purposes, so as to create a new facility and agency of said city to be known as the East Point Coliseum Authority; to authorize the Authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in metropolitan Georgia, embracing buildings and facilities to be used for amusement, recreational, civic, cultural, and educational purposes, including fairs, expositions, exhibits conventions, public meetings or gatherings, concerts, theatre, and athletic events, and to acquire, construct, and equip all property and things necessary or convenient for the purposes of such project and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent domain, and impose duties on the Authority; to designate the members of the Authority; to authorize the Authority and the various political subdivisions of the State to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents, charges, fees, and earnings or other funds of the Authority to pay the cost of such projects; to authorize the collecting and pledging of revenues and other funds and assets of the Authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments and encumbrances of the Authority's property to secure the payment of such bonds, to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the State nor of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the security therefor; to fix the venue and jurisdiction of actions relating to any provisions of this Act; to provide an effective date for this Act; to provide for the severability of the provisions of this Act; to repeal all laws and parts of laws in conflict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Declaration of Need. It is hereby declared that there exists in the metropolitan area of Georgia a need for an Authority to

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function without profit in developing and promoting for the public good in this State the cultural growth, public welfare, education, and recreation of the people of this State.

Section 2. Creation of Authority. There is hereby created a public body corporate and politic to be known as the East Point Coliseum Authority, which shall be an instrumentality and a public corporation of the State of Georgia.

Section 3. Purpose. Any funds realized by said Authority shall be expended for, and the purpose of the Authority shall be development and promotion in this State of public projects for the cultural growth, public welfare, education, and recreation of the people of this State, including the acquisition and construction of a building or buildings, which shall be and hereby are declared to be public buildings, and related facilities to be used for amusement, recreational, civic, cultural, or educational purposes or a combination thereof, including fairs, expositions, exhibitions conventions, public meetings or gatherings, concerts, theatre, and athletic events, and the purchase of lands, easements, rights in land and franchises for the construction of such facility or facilities and for use in connection therewith.

Section 4. Members, (a) The Authority shall consist of the following six members who shall be eligible to succeed themselves and whose terms in office as members of the Authority shall expire on the dates shown following their names:

R. E. Anderson E. Alton Reeves, Jr. D. L. Claborn William L. Miller Ernest W. Keappler Merv M. Jenkins

May 1, 1974 May 1, 1974 May 1, 1975 May 1, 1975 May 1, 1976 May 1, 1976

(b) Appointments to fill vacancies on the Authority by reason of expiration of term or otherwise shall be made by the governing body of the City of East Point. Such governing authority may act to fill vacancies caused by the expiration of term before the vacancy occurs. Following the initial appointments to the Authority hereby made, the first appointment for one of the terms expiring May 1, 1974, shall be for three years, and the appointment for the other term expiring May 1, 1974, shall be for four years; the first appointment for one of the terms expiring May 1, 1975, shall be for four years, and the appointment for the other term expiring May 1, 1975, shall be for five years; the first appointment for one of the terms expiring May 1, 1976, shall be for five years, and the appointment for the other term expiring May 1, 1976, :shall be for six years. Thereafter, all appointments shall be for terms of six years, except that the appointment of any person selected to fill any unexpired term at any time shall be only for the remainder of such term, .and, after the first expiration of each term as prescribed in Section 4 (a),

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hereof, any appointment to fill any unexpired portion of such term shall be made by the governing body of the political subdivision which made the appointment for the term in which the vacancy then exists.

(c) The members of the Authority shall organize and enter upon the performance of their duties immediately after the effective date of this. Act.

(d) The Authority shall elect one of its members as Chairman and one as Vice-Chairman, and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who may but need not necessarily hold membership on the Authority. Such officers shall serve for such terms as shall be prescribed by the rules of the Authority or until their successors are elected and qualified.

(e) Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority at every meeting, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds.
(f) The members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. Each member of the Authority shall hold office until his successor shall have been appointed and qualified. The Authority shall make rules, and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, and experts, and other agents and employees, temporary or permanent, as it may require. The members of the Authority shall be accountable in all respects as trustees, and the Authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind.
Section 5. Public Property. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity,, and all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of public general welfare in matters of cultural development, education, pleasure, and recreation of the public at large, in an effort to better the general condition of society, or that considerable portion of society residing in the principal area of population of Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes.

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Section 6. Powers. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, but without limiting the generality of the foregoing, the power :

(a) To adopt and alter a corporate seal.

(b) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the power of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights
and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use, rent, or lease the same as landlord or as tenant or as lessor or as lessee, or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the Authority and the purpose thereof. Title to such property, however, shall be held by the Authority only for the benefit of the public.

(c) To accept, receive, and administer gifts, grants, loans, appropriations, and donation of money, materials, and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency department, authority, or instrumentality of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets.

(d) To borrow money for any of its corporate purposes and to issue revenue bonds payable from the earnings of the projects of the Authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof, and to provide for foreclosure or forced sale of any property of the Authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued.

(e) To contract with the State of Georgia and agencies, instrumentalities, departments, and political subdivisions thereof and with private persons and corporations in such manner as the legitimate and necessary purposes of this Act shall authorize or require including contracts for construction and leasing, as lessor or as lessee, or of its projects.

(f) To construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage public projects including the erection, in metropolitan Georgia, of a building or buildings which shall be and hereby are declared to be public buildings to be used for amusement recreational, civic, cultural, or educational purposes or a .combination thereof, including fairs, expositions, exhibitions, conventions, public meetings or gatherings, concerts, theatre, and athletic

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661

events and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith, the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the Authority, and the title to such property to be held by the Authority only for the benefit of the public.

(g) To issue revenue bonds as authorized, defined, and provided for in this Act and in the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, addition to, or extension of any such project. Such revenue bonds may be issued as fully negotiable coupon bonds payable to bearer and registrable as to principal or as to both principal and interest, or they may be issued in whole or in part in non-negotiable fully registered form without coupons, payable to a named payee or to the registered assigns of such payee with such conversion privileges as the Authority may provide. Such bonds shall not be subject to any interest limitation prescribed in said Revenue Bond Law.

(h) To issue revenue bonds to call, refund, or refinance in whole or in part all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the amount of such refunding bonds all interest and any call premium that may be required for the redemption and refunding of such outstanding bonds.

(i) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereto and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this State.

(j) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds at a price of not more than the call price thereof and accrued interest. All bonds so purchased shall be cancelled and shall not be reissued.

Section 7. Powers Under Revenue Bond Law. In addition to the foregoing powers and subject to any limitations herein contained, the Authority shall have all the powers of municipalities under the provisions of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga, Code Ann., Ch. 87-8, and shall have the power to expend from any funds available or to obligate itself to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project and the placing of the same in operation.

Section 8. Credit of State not Pledged. Revenue bonds issued under provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof, but such bonds shall be payable from the rentals, revenues, and

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funds of the Authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any political subdivision thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this Section.
Section 9. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, hankers, trust companies, savings banks, and savings associations including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and hodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter he authorized.
Section 10. Contracts for Use of Projects. Said Authority may contract with any political subdivision or political subdivisions of this State for the payment of such rents, fees, and charges for the use by such subdivisions or the residents thereof of the project or projects and facilities of the Authority, and any such political subdivision shall have and hereby is given the right and power to make such contract, and the rentals contracted to be paid by the lessees or tenants to the Authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of such political subdivision for the payment of which the full faith and credit of such political subdivision may be pledged to provide the funds required to fulfill all obligations arising under any such contract. Any such political subdivision which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the ob-

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663

ligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other.

Section 11. Revenue Bonds. The Authority shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or a combination of its projects. The principal of and interest on such revenue bonds shall be payable from and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall mature, and shall be payable as to both principal and interest as may be determined by the Authority within the terms of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga.. Code Ann., Ch. 87-8, except as to any limitation as to interest which may be contained therein, and the bonds may be made redeemable before maturity at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in its resolution providing for the issuance of the bonds. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be deposited as may be directed in the resolution or trust instrument providing for the issuance of such bonds.

Section 12. Rental Revenue, (a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the cost of which shall include all elements of cost authorized by said Revenue Bond Law, as now or hereafter amended, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Authority:
(1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for,
(2) To pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, including all elements of cost authorized by said Revenue Bond Law,

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(3) To comply with any sinking fund requirement contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds,
(4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged,

(5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds, and

(6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees', counsel, and fiscal fees;

(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;

(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction.

(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants or lessees, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises.

(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Authority may enforce performance by any legal or equitable process against the tenants or lessees, and consent is hereby given for the institution of any such
action.

(f) The Authority shall be permitted to assign any rental payments due or to become due to the Authority, pursuant to any such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating
to the issuance of and security for such bonds.

(g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of

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665

such bonds or of the trust agreement or indenture, if any, securing the same.

Section 13. Pledge of Revenues. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged by the Authority to the payment of the principal of and interest on revenue bonds of-the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent or registrar for such bonds, and (4) any premium upon bonds retired upon call or purchase, and the use and disposition of any sinking fund may be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.

Section 14. Form of Bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the
place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State of Georgia.

Section 15. Trust Agreement. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust agree-
ment or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the Authority and any pro-
ceeds which may be derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting
and enforcing the rights and remedies of the bond owners, including the right of foreclosure of any mortgage or encumbrance and the right
of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use
of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the
Authority. Such resolution and trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to
the acquisition of property for and construction of the project and

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to the custody, safeguarding, and application of all funds of the Authority, including any proceeds derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon, and covenants providing for the operation, maintenance, repair, and insurance of the project and may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.

Section 16. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court which shall have exclusive, original jurisdiction of such action.

Section 17. Validation of Bonds. All bonds of the Authority shall be confirmed and validated in the Fulton County Superior Court in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Authority and, in the event the payments to be made by any political subdivision under a contract entered into between the Authority and such political subdivision are pledged as security for the payment of the bonds sought to be validated, such political subdivision shall also be made a party defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such defendants. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Fulton County in which court such validation proceeding shall be initiated. Any citizen of the State of Georgia may intervene in the validation proceeding in accordance with the procedure prescribed in said Revenue Bond Law, and appeal from the judgment in said proceeding may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within the time prescribed by law or, if filed, the judgment shall be affirmed on appeal, the judgment of the Fulton County Superior Court so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds and the security therefor and upon the issue of the validity and constructionality of this and any other act pertaining to such contracts and bonds and the security therefor against the Authority issuing the same and against the

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parties to such contracts and against all residents of the State of Georgia.
Section 18. Irrevocable Contract. The Authority shall have perpetual existence, and, while any of the bonds issued by the Authority shall remain outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or agents shall not be diminished, impaired, or effected in any manner which will affect adversely the interest and rights of the owners of such bonds, and no other authority, instrumentality, or body will be created or impowered to compete with the Authority so as to affect adversely the interests and rights of the owners of such bonds nor will the State, itself, so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and every owner of the Authority's bonds and, upon and after the issuance of bonds under the provisions of this Act, shall constitute an irrevocable contract with the owners of such bonds.

Section 19. Trust Funds. All funds received pursuant to authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided in this Act, and the bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the Authority.

Section 20. Construction. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
Section 31. Powers Declared Supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. All the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, which are not in conflict herewith shall be applicable hereto and to the bonds issued hereunder and to any resolution and trust instrument adopted and entered into to provide for the payment of such bonds and the interest thereon, and all bonds issued hereunder shall be signed in accordance with the Signatures on Public Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119. No interest limitation contained in said Revenue Bond Law shall be applicable hereto or to bonds issued hereunder.

Section 22. City May Contract. Among the powers of the governing authority of the City of East Point shall be the additional power and authority to implement the provisions of this Act and to perform such acts, including the power to contract with the East Point Coliseum Authority for the use of any facilities constructed, operated and maintained by said Authority.

Section 23. Change of Name of Authority. Should the governing authorities of the City of East Point or the East Point Coli-

JOURNAL OF THE SENATE,
seum Authority contract with any other municipality or political subdivision for the participation by said municipality or subdivision in the affairs and purposes of the East Point Coliseum Authority, the governing authorities of East Point by and with the consent of the Authority, shall have the right to change the name of said Authority to some other name which will identify said Authority geographically or by a combination of names with the area served by said Authority, and further may provide for the appointment of some of the members of the Authority, by the governing Authority of such other participating municipality or political subdivision.
Section 24. Publication of Notice. Notice of intention to apply for this local legislation has been given as required by law and attached hereto is a publisher's affidavit containing a copy of said notice. The General Assembly finds as a matter of fact that all requirements for the publication of Notice of Intention to Apply for Local Legislation have been met fully.
Section 25. Severability. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions, and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling.
Section 26. Effective Date. This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without his approval, without regard to the provisions of I Ga. L. 1968, p. 1364, as amended.
Section 27. REPEAL. 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, was agreed to by substitute.
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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669

HB 1332. By Mr. Moore of the 6th:
A bill to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, commissions and other compensation be paid to the Board of Commissioners of Stephens County; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:

Section 27. Repeal. All laws and parts of laws in conflict with appear in Section 3, page 2, line 4 and substituting in lieu thereof the figure $7,500.00".

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 1333. By Mr. Moore of the 6th: A bill to abolish the present mode of compensating the ordinary of Stephens County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.
The Committee on County and Urban Affairs offered the following amendment:
Amend HB 1333 by striking the figures "$3,500" where they appear in Section 4 page 2, line 13 and substituting in lieu thereof the figures "$3,750."
On the adoption of the amendment, the ayes were 47, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1246. By Mr. Moate of the 28th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; to prescribe the pleading and practice in said court; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend HB 1246 by striking the figures "7,400" where they appear in the Caption on page 1, line 3 and where they appear in Section 1 on page 1, line 30 and substituting in lieu thereof in both instances the figure "7,500".

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 1331. By Mr. Moore of the 6th:
A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:

TUESDAY, FEBRUARY 10, 1970

671

Amend HB 1331 by striking the figures "$3,500.00" where they appear in Section 2, quoted Section 3, page 2, line 2 and substituting in lieu thereof the figures $3,750.00".

By striking the word "nighttime" where it appears in Section 2, quoted Section 3, page 2, line 4 and line 6.

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.

SB 396. Senator Abney of the 53rd:
A bill to amend an Act placing the Ordinary of Bade County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Bade 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 47, nays 0.

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

SB 399. By Senator Rowan of the 8th:
A bill to vest in the tax commissioners 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; 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 47, nays 0.

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

SB 449. By Senator McGill of the 24th:
A bill to amend an Act creating a Small Claims Court for Wilkes County, so as to enlarge the jurisdiction of said 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 47, nays 0.

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

SB 450. By Senator London of the 50th:
A bill to amend an Act abolishing the office of county treasurer of Pannin County, Georgia; so as to provide for the payment of compensation to the County Depository of Fannin County for the performance of the duties imposed upon it by the provisions of said Act; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 457. By Senator Zipperer of the 3rd: A bill to amend an Act creating and incorporating the City of Richmond Hill, so as to enumerate the corporate powers of said City; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

673

The report 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 458. By Senator Zipperer of the 3rd:
A bill to amend an Act relating to the establishing of a City Court of Pembroke in and for the County of Bryan, to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the Courts of Ordinary in certain 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.

On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1381. By Mr. Moore of the 6th: A bill to amend an Act of the General Assembly of Georgia, incorporating the City of Toccoa, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the City Limits of said City; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1385. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th: A bill to amend an Act creating the Board of Commissioners of Roads and Revenues of Troup County, so as to provide for the compensation of the members of said Board; and for other purposes.

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JOURNAL OP THE SENATE,

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1386. By Messrs. Lee, Odom and Hutchinson of the 61st:
A bill to abolish the present mode of compensating the Clerk of Superior Court of Baker 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 1387. By Messrs. Lee, Busbee and Hutchinson of the 61st: A bill to amend an Act creating the Board of Commissioners of Baker County, so as to change the compensation of the members of the Board; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1172. By Messrs. Fallin and Bostick of the 63rd: A bill to fix the terms of the Superior Court of Colquitt County; to provide an effective date; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 10, 1970

675

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1243. By Mr. Peters of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to change the clerical assistance allowance 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.

SB 462. By Senator London of the 50th:
A bill to authorize the governing authority of each county having a population of not less than 8,920 and not more than 8,970 to determine and set the salary of the clerk of such governing authority as the said governing authority shall deem proper; 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 464. By Senator London of the 50th: A bill to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; 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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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 1250. By Mr. Peters of the 2nd:
A bill to amend an Act creating and establishing a new charter for the town of Ringgold, so as to change the power of the mayor's court to impose sentences; and for other purposes.

The report 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 1258. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Sheriff of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1259. By Mrs. Merritt and Mr. Parker of the 46th: A bill to amend an Act placing the Coroner of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

TUESDAY, FEBRUARY 10, 1970

677

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1260. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Receiver of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1261. By Mrs. Merritt and Mr. Parker of the 46th:
A bill placing the Clerk of the Superior Court of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1262. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Ordinary of Macon County on an annual salary in lieu of the fee basis of compensation; 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 47, nays 0.

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

HB 1263. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act establishing the State Court of Macon County, so as to authorize the governing authority of Macon County to fix the salary of the judge and the solocitor of said Court within a certain salary range; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1264. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to amend an Act placing the Tax Collector of Macon County on an annual salary in lieu of the fee basis of compensation; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1272. By Mr. Shanahan of the 8th:
A bill to amend an Act placing the clerk of the superior court and ordinary of Gordon County upon an annual salary; to change the compensation of the clerk and ordinary; and for other purposes.

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

TUESDAY, FEBRUARY 10, 1970

679

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1273. By Mr. Shanahan of the 8th:
A bill to amend an Act placing the sheriff of Gordon County upon an annual salary, so as to change the compensation of the sheriff and deputy sheriffs; to authorize the sheriff to appoint four 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 47, nays 0.

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

HB 1291. 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 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.

HB 1294. By Mr. Shanahan of the 8th:
A bill to amend an Act 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 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 47, nays 0.

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

HB 1310. By Mr. Douglas 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 compensation of the solicitor of said court; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1311. By Messrs. Rush and Salem of the 51st:
A bill to change the terms of the Superior Court of Long 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 1330. By Mr. Moore of the 6th:
A bill to amend an Act creating a board of commissioners of Stephens County, so as to delete therefrom the requirement that one of the members of the board be selected as 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.

TUESDAY, FEBRUARY 10, 1970

681

HB 1334. By Mr. Moore of the 6th:
A bill to provide for the election of members of the Stephens County 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 1344. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act placing the sheriff of Lowndes County upon an annual salary in lieu of a fee system of compensation, so as to change the floors and ceilings on the compensation of the chief deputy, deputies, chief jailer and other 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 47, nays 0.

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

HB 1347. 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 salary of each of the deputy sheriffs 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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HB 1362. By Messrs. Barfield, Bennett and Reaves of the 71st:
A bill to fix the terms of the Superior Court of Lowndes County; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1242. By Mr. Leonard of the 3rd: A bill to reincorporate the City of Chatsworth in the County of Murray; to create a new charter for said city; to prescribe 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.

The following local, uncontested resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HR 651. By Messrs, Wood, Williams and Cooper of the llth:
A RESOLUTION
Proposing an amendment to the Constitution, so as to empower the Board of Commissioners of Hall County, for regulatory and revenue purposes, to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation, who or which may engage in any type of business in Hall County outside of municipalities, with the right and power to classify businesses and assess different license fees, occupational taxes and amusement taxes against different classes of businesses, and with the further power to the Board of Commissioners to exercise police powers within unincorporated areas over

TUESDAY, FEBRUARY 10, 1970

683

any businesses in the interest of the public welfare, health and security of the people of Hall County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees, taxes and amusement taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia is hereby amended by adding thereto the following new paragraph, to wit:
"The Board of Commissioners of Hall County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess, and collect license fees, occupational taxes and amusement taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business or who may in any manner engage in any type of business, in any area of Hall County outside the incorporated limits of municipalities; and in levying and assessing such license fees, occupational taxes and amusement taxes, the Board of Commissioners shall have the right and power to classify businesses and to assess different license fees, occupational taxes and amusement taxes against different classes of business. To provide for the public welfare, health and security of the people of Hall County, the Board of Commissioners shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees, occupational taxes and amusement taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Board of Commissioners shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. The General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time change the manner and means by which the powers may be exercised by said Board of Commissioners. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted."
Section 2. The above proposed amendment to he 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:

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JOURNAL OF THE SENATE,

"YES ( NO (

) Shall the Constitution be amended so as to authorize the Board of Commissioners of Hall County to assess and collect license fees, occupational taxes, and amuse-
) ment taxes upon businesses in Hall County outside the incorporated limits of municipalities and to regulate same?"

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:

Abney Adams of 26th Andrews Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss , Eldridge Pincher of 51st Garrard Gillis Hardy Hensley

Holley Holloway Jackson Johnson Kennedy Kidd London Miller Noble Padgett Patton 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 50, nays 0.

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

TUESDAY, FEBRUARY 10, 1970

685

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following resolutions were read and adopted:

SR 278. By Senator Vann of the 10th:
A resolution expressing regret at the passing of Honorable Carlton Emerson Crow, Judge Emeritus of the South Georgia Judicial Circuit; and for other purposes.

SR 279. By Senator Kennedy of the 4th:
A resolution congratulating Georgia Southern College; and for other purposes.

The following local, uncontested resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SR 259. By Senator Dean of the 6th:
A resolution authorizing the conveyance of certain real property located in Jesup, Wayne 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 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.
The following general bills of the Senate and House, favorably reported by the committees were read the third time, and put upon their pasage:

SB 358. By Senator Webb of the llth:
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 credit for previous teaching service rendered in certain other State or independent school systems; and for other purposes.

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JOURNAL OF THE SENATE,

The following fiscal letter, as required by law, was read by the Secretary:

February 2,1970

Department of Audits Atlanta

MEMORANDUM

TO: Honorable Julian Webb, Chairman Senate Retirement Committee

FROM: E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer

RE: Fiscal Note Senate Bill 358

Attached you will find copy of report from Mr. George B. Buck, Consulting Actuaries of the Teachers' Retirement System, which indicates that this Bill would not increase the present employer contribution rate.

/si E. B. Davis
E. B. Davis, State Auditor

EBD/dd

/&/ W. C. Hawthorne W. C. Hawthorne, Deputy State Budget Officer

George B. Buck Consulting Actuaries, Inc. 2 Pennsylvania Plaza, New York, N.Y. 10017
January 30, 1970
Mr. Wesley H. Rucker, Executive Secretary-Treasurer Teachers' Retirement System of Georgia 254 Washington St., S.W., Atlanta, Georgia 30303
Dear Mr. Rucker:
Review of HB 1226, SB 358 and 359 indicates no increase required in present Employer contribution rate.
HUGH GILLESPIE

TUESDAY, FEBRUARY 10, 1970

687

TEACHERS RETIREMENT SYSTEM STATE OF GEORGIA
254 Washington St., S.W., Phone MUrray 8-5578 ATLANTA 3, GEORGIA

DATE: February 5, 1970

TO:

Senator Julian Webb

FROM: Wesley H. Rucker

SUBJECT: Senate Bill 358

The purpose of Senate Bill 358 is to restore the wording of the Teacher's Retirement Act that was omitted by Senate Bill 20 which was passed in the 1969 session.
Senate Bill 358 sets forth the requirements in service that a member must have in order to qualify for out-of-state service. (The member must have five years of membership service before he begins to become eligible for out-of-state service. For each year of service after the first five years, a member may establish one more year of out-of-state service until he has established credit for ten years of out-of-state service).
This bill also restores the part of our law that keeps a member from establishing credit for out-of-state service if he is entitled to a benefit on that service from another state.

The Committee on Retirement offered the following amendment:
Amend SB 358 by striking the last clause of Section 1, "plus interest as the Board of Trustees shall determine" and substituting in lieu thereof the phrase "plus interest at the rate of eight (8) per cent per annum".

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 0.

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

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JOURNAL OF THE SENATE,

SB 359. By Senator Webb of the llth:
A bill to amend an Act establishing the Teachers' Retirement System, so as to redefine the term "teacher" as used in said Act; to repeal conflicting laws; and for other purposes.

The following fiscal letter, as required by law, was read by the Secretary:

Department of Audits Atlanta

February 2,1970

MEMORANDUM

TO: Honorable Julian Webb, Chairman Senate Retirement Committee

FROM: E. B. Davis, State Auditor

RE: Fiscal Note Senate Bill 359

Attached you will find copy of report from Mr. George B. Buck, Consulting Actuaries of the Teachers' Retirement System, which indicates that this Bill would not increase the present employer contribution rate.

EBD/dd

/s/ E.B.Davis E. B. Davis, State Auditor
/s/ W. C. Hawthorne W. C. Hawthorne, Deputy State Budget Officer

George B. Buck Consulting Actuaries, Inc. 2 Pennsylvania Plaza, New York, N.Y. 10017
January 30,1970
Mr. Wesley H. Rucker, Executive Secretary-Treasurer Teachers' Retirement System of Georgia 254 Washington St., S.W., Atlanta, Georgia 30303
Dear Mr. Rucker:
Review of HB 1226, SB 358 and 359 indicates no increase required in present Employer contribution rate.
HUGH GILLESPIE

TUESDAY, FEBRUARY 10, 1970

689

TEACHERS RETIREMENT SYSTEM
STATE OF GEORGIA 254 Washington Street, S.W., Phone MUrray 8.5578
ATLANTA 3, GEORGIA

DATE: February 5,1970

TO:

Senator Julian Webb

FROM: Wesley H. Rucker

SUBJECT: Senate Bill 359

Senate Bill 359 does two things:

1. This bill will permit the staff employees of the Georgia Education Association and the employees of the Georgia Teachers and Education Association to remain as members of the Teachers Retirement System after the two organizations merge.

2. This bill also permits the four members of the Board of Trustees of the Teachers Retirement System who represent the two educational associations to remain as members of the board after the two organizations merge into one educational association.

The Committee on Retirement offered the following substitute:
A BILL
To be entitled an Act to amend an Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640),. as amended particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 672), so as to redefine the term "teacher" as used in said Act; to provide for the succession of membership on the board of trustees of the retirement system in the event of a merger or consolidation of the Georgia Education Association and the Georgia Teachers and Education Association; to provide for procedures in connection therewith; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the Teachers' Retirement System, approved March 19, 1943 (Ga. Laws 1943, p. 640), as amended particularly by an Act approved April 25, 1969 (Ga. Laws 1969, p. 672), is. hereby amended by inserting in subsection 5 of Section 1, the following:.
"or its successor organization"
after the following:

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JOURNAL OF THE SENATE,

"Georgia Educational Association" and "Georgia Teacher Education Association",

so that when so amended subsection 5 of Section 1 shall read as follows:
"(5) 'Teacher' shall mean any person employed not less than half time in the public day schools as a classroom teacher, or in a clerical capacity, or in the supervision of the public schools, or any employee of the State Board of Education or the State Board of Vocational Education employed in a teaching or supervisory or clerical capacity, or any bona fide teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee in any school operated by the State Department of Education, or any teacher or supervisor of teachers or clerical employee employed and paid by the Board of Regents of the University System of Georgia, and all personnel of the Agricultural Extension Service of the University of Georgia. The word 'teacher' shall also include school librarians, and administrative officials who supervise teachers, and shall include registrars of each unit of the university system and shall include secretary and treasurer of the Board of Regents. The board of trustees shall determine in doubtful cases whether any person is a teacher, as defined in this Act. In the event the Georgia Educational Association or its successor organization and any full-time employee thereof, or the Georgia High School Association and any full-time employee thereof, or the Georgia Teacher Education Association or its successor organization and any full-time employee thereof, or the Georgia School Boards Association and any full-time employee thereof request the board of trustees to permit the association as employer and such employee to make contributions as herein defined to provide retirement benefits for such employee, the board may permit such employee to come under the operation of this Act as a teacher but the State shall make no contributions on account of such employee. The word 'teacher' shall also include regional and county librarians who are compensated in whole or in part from State funds. Prior service of such librarians and other service for which such librarians have contributed to the Teachers' Retirement System of Georgia is hereby ratifed, subject to the same laws and the same rules and regulations applicable to other members of the system. The word 'teacher' shall not be deemed to include any emergency or temporary employee.

"In the event that the Board of Regents of the University System of Georgia and any person employed by Radio Station WGST request the board of trustees to permit the Board of Regents as employer and such employee to make the contributions as here defined to provide such retirement benefits for such employee, the board of trustees shall permit such employee to come under the operation of this Act as a 'teacher'; but no contribution of State funds shall be made on account of such employee, but rather an employer's contributions shall come from funds available for the operation of Radio Station WGST: Provided, that any employee qualifying as a 'teacher' under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. 'Teacher' shall also include any person

TUESDAY, FEBRUARY 10, 1970

691

employed and paid by the Board of Regents of the University System of Georgia, not less than half time, with the exception of emergency or temporary employees and with the exception of maintenance and custodial employees, and the board of trustees shall determine whether any particular employee is a maintenance or custodial employee. Provided, that any employee qualified as a 'teacher' under the terms of this sentence shall not be entitled to any prior service credit for service rendered prior to being included in the system. The word 'teacher' shall also include the director and any associate directors of the Georgia Educational Improvement Council and such council shall pay the required employer matching funds. The word 'teacher' shall also include the full-time executive secretary of the Georgia Vocational Association, and such association 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 eight percent per annum."

Section 2. Said Act is further amended by adding to paragraph (c) of subsection (2) of Section 6 the following:
"In the event of a merger or consolidation of those associations, the Execuitve Secretary and Associate Executive Secretary of the merged or consolidated organization, ex-officio.",
and by inserting in paragraph (d) of subsection (2) of Section 6 after the words "the Georgia Education Association", the following:
"or its successor organization," so that when so amended subsection (2) of Section 6 shall read as follows:
"(2) The Board of Trustees shall consist of nine trustees as follows:
(a) The State Auditor, ex-officio.
(b) The State Insurance Commissioner, ex-officio.
(c) The Secretary of the Georgia Education Association, exofficio, and the Executive Secretary of the Georgia Teachers and Education Association, ex-officio. In the event of a merger or consolidation of those associations, the Executive Secretary and Associate Executive Secretary of the merged or consolidated organization^ ex-officio.
(d) One member, a school administrator or a school principal and, one member, a classroom teacher not an employee of said Board of Regents. The members referred to in this paragraph shall be elected for a term of three years each by the Assembly of the Georgia Education Association or its successor organization in accordance with such rules as the Board of Trustees shall adopt to govern such election; provided, however, that the two members herein referred to shall first be appointed by the State Board of Education,,

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one for a term from the date of appointment to June 30, 1944, and one for a term from the date of appointment to June 30, 1946.

(e) One member, an employee of the Board of Regents who shall be appointed by the Board of Regents for a term of three years, beginning with the expiration of the term of the present member, who is an employee of the Board of Regents.

(f) One member, appointed by the Governor for a term of three years beginning June 30, 1965. All subsequent members shall likewise be appointed for terms of three years.

(g) The ninth trustee shall be a citizen of the State, not a member of the retirement system, who shall be experienced in the investment of moneys and who shall be elected by the remaining eight trustees for a term of four years, the first such term to expire June 30,1947."

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.

On the adoption of the substitute, the ayes were 30, nays 0, and the substitute was adopted.

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

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

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

The President resumed the Chair.

SB 418. By Senator Kidd of the 25th:
A bill to amend Code Title 79-A, relating to pharmacists, pharmacy, and drugs, as amended, so as to delete all references to marijuana from Chapter 79A-8, known as the Uniform Narcotic Drug Act, and to provide that marijuana, or any substance containing any marijuana, or tetrahydrocannibinol or any salt, derivative, compound or manufacture thereof, shall be included within the definition of "depressant or stimulant" drug; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

695

The report 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 3.

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

SB 415. By Senator Kidd of the 25th:
A bill to amend Code Section 79A-301, relating to the appointment,. duties and authority of the Chief Drug Inspector, so as to provide that the office of the Chief Drug Inspector shall be known also as the "State Drug Department"; to repeal conflicting laws; and for other purposes.

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

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

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

SB 459. By Senators Smith of the 18th and Gillis of he 20th:
A bill to amend Code Section 47-107, relating to the salary, expenses, and mileage of members of the General Assembly, as amended, so as to clarify the provisions relating to expense allowance of members of theGeneral Assembly; 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 472. By Senators Fincher of the 54th, Doss of the 52nd, Coggin of the 35th and others:
A bill to amend the Act known as the "Housing Authorities Law", so as to fix the maximum rate of interest on bonds issued by a housing;

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JOURNAL OF THE SENATE,

authority at eight per cent (8%) per annum; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 1.

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

SB 473. By Senators Fincher of the 54th, Doss of the 52nd, Coggin of the 35th and others:
A bill to amend the Act known as the "Urban Redevelopment Law", so as to fix the maximum rate of interest on bonds issued by a housing authority at eight per cent (8%) per annum; 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 1.

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

HB 1062. By Mr. Alexander of the 108th:
A bill to provide that in all cases where the Supreme Court of Georgia has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of decision; and for other purposes.

The report 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.

TUESDAY, FEBRUARY 10, 1970

695

HB 1149. By Messrs. Clarke of the 33rd, Maxwell of the 78th and Sherman of the 80th:
A bill to amend the Uniform Limited Partnership Act, so as to provide: that a limited partnership may acquire property and take title thereto in the name of the partnership; and for other purposes.

The report 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 1270. By Mr. Gunter of the 6th:
A bill to amend Code Chapter 38-7, relating to private writing as evidence so as to provide who shall be a competent witness to identify doctor bills, hospital bills, ambulance service bills, drug bills and similar bills in certain civil 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 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 228. By Messrs. Gignilliat of the 89th and Battle of the 90th: A bill to amend Code Section 27-2502, relating to determinate sentences, for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime: by the jury after reviewing the criminal record, if any, of the defendant; 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 irt criminal cases; to revise procedures with respect thereto in both jury

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JOURNAL OF THE SENATE,

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 GEORGIA:

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 contendre 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 evidence, 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 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.

(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. 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 evidence, the jury shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions, pleas of guilty 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 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 pun-

TUESDAY, FEBRUARY 10, 1970

697

ishment 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 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.

(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.

Section 2. All laws and parts of law in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 33, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill hy substitute, 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 by substitute.

SB 443. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the qualifications of the Adjutant General; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Webb of the llth offered the following amendment:
Amend SB 443 by adding at the end of the second sentence of Section 23 (line 23) the following:
a comma instead of a period, and the words:
"and shall not be less than 30 nor more than 65 years of age."

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

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JOURNAL OP THE SENATE,

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

On the passage of the bill, the ayes were 30, nays 1.

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

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A bill to amend an Act known as the "Georgia Civil Practice Act", so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.

The Committee on Judiciary offered the following amendment:
Amend HB 1029 by adding in Section 1, page 2, line 10, after the phrase "provided in Section 81A-141 (b)." and by deleting the quotation mark and continuing with:
"Provided, all verdicts and judgments heretofore rendered in any uncontested divorce case without findings of fact and conclusions of law are hereby declared to be legal and binding and of the same effect as if such cases had been rendered with findings of fact and conclusions of law.' "

On the adoption of the amendment, the ayes were 6, nays 28, and the amendment was lost.

Senator Vann of the 10th offered the following substitute:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved April 24, 1969 (Ga. Laws 1969, p. 645), so as to do away with the requirement that the court shall find facts specially and state separately its conclusions of law thereon when an uncontested divorce, alimony or custody of minor children case forms the sole basis of the action; to provide that certain provisions may be waived; to validate certain verdicts and judgments; to repeal conflicting laws; and for other purposes.

TUESDAY, FEBRUARY 10, 1970

699

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act known as the "Georgia Civil Practice Act", approved March 18, 1966 (Ga. Laws 1966, p. 609), as amended, particularly by an Act approved April 24, 1969 (Ga. Laws 1969, p. 645), is hereby amended by striking in its entirety subsection (a) of Section 81A-152 and substituting in lieu thereof the following:

"(a) Effect. In all actions in Superior Court tried upon the facts without a jury except actions involving only uncontested divorce, alimony and custody of minors, the court shall find the facts specially and state separately its conclusions of law thereon and judgment shall be entered pursuant to Section 81A-158; and in granting or refusing interlocutory injunctions the court shall similarly set forth the findings of fact and conclusions of law which constitute the grounds for its action. Request for findings are not necessary of purposes of review. Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge of the credibility of the witnesses. If an opinion or memorandum of decision is filed, it will be sufficient if the findings of fact and conclusions of law appear therein. Findings of fact and conclusions of law are unnecessary on decisions of motions under Section 81A-112 or 81A-156 or any other motion except as provided in Section 81A-141 (b). The requirements of this subsection may be waived in writing by the parties. Provided, all verdicts and judgments heretofore rendered in any uncontested divorce, alimony or custody case without findings of fact and conclusions of law are hereby declared to be legal and binding and of the same effect as if such cases had been rendered with findings of fact and conclusions of law."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

On the adoption of the subsitute, the ayes were 33, nays 0, and the substitute was adopted.

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

On the passage of the bill, the ayes were 33, nays 0.

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

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HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office and appointment of one Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; and for other purposes.

The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend an Act approved January 3, 1938, and found in Georgia Laws 1937-38, Ex. Sess., p. 77, et seq., entitled "An Act to make comprehensive provision for an integrated tax administration for Georgia; to create the Department of Revenue and the office of State Revenue Commissioner, to confer upon such Commissioner all the powers and duties formerly vested in the State Revenue Commission and in the Comptroller General in relation to petroleum inspection, licenses and taxation; to abolish the State Revenue Comsion; to continue the Comptroller General as Insurance Commissioner, Comptroller of Withdrawals, to provide for the appointment, term of office, salary, oath, bond, authority, duties and removal of the State Revenue Commissioner; to provide for the organization and operation of the Department; to create the State Board of Tax Appeals; to provide for review by the Board of the assessments and equalization orders of the Commissioner; to make appropriation for the Department and the Board; to provide for appeal to the Board from the Superior Courts; to enforce tax liability to other states which reciprocate to repeal Code Sections 92-4507-9, 92-6001-7, 92-7004-6, Chapters 92-60, 92-61, and 92-68 and laws in conflict with this Act, to provide for the administration of and the enforcement of the tax laws; and for other purposes," as amended, by an Act approved February 21, 1951, (Ga. Laws 1951, p. 614), and as amended by an Act approved March 14, 1963 (Ga. Laws 1963, p. 133), so as to provide for the appointment of one Deputy State Revenue Commissioner; to provide for the office of Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; to strike the limitation on the salary of the Deputy State Revenue Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. The Act approved January 3, 1938, and found in Georgia Laws 1937-38, Ex. Sess., p. 77 et seq., as amended by an Act approved February 21, 1951, (Ga. Laws 1951, p. 614), and as amended by an Act approved March 14, 1963, (Ga. Laws 1963, p. 133), is hereby amended by striking therefrom in its entirety section lla and substituting in lieu thereof a new section lla to read as follows:

TUESDAY, FEBRUARY 10, 1970

701

"Section lla. Appointment, qualifications, oath, salary, duties: There is hereby created the office of Deputy State Revenue Commissioner, of which there shall be one: Such Deputy State Revenue Commissioner shall possess the qualifications and take the oath of office required by law of the State Revenue Commissioner, and shall be appointed by said State Revenue Commissioner and hold office at his pleasure. He shall not be under the merit system. The salary of the Deputy State Revenue Commissioner shall be paid from funds appropriated by the Department in such amounts as may be determined by the Commissioner, subject to the approval of the State Budget Bureau. He shall file an official surety bond, approved in form by the Attorney General, in the same amount as required for the State Revenue Commissioner, the premium of which shall be paid by the State. The Deputy State Revenue Commissioner shall perform such duties as are assigned to him by the State Revenue Commissioner. He shall exercise in all matters all authority granted by law to the State Revenue Commissioner which the State Revenue Commissioner may delegate to him in writing. He shall execute all documents and papers, including assessments for taxes, executions for taxes, jeopardy assessments, licenses, and all other documents necessary in the performance of such duties and the exercise of such authority. Any such tax execution, license, assessment, or other document assigned and executed by the Deputy State Revenue Commissioner shall be of the same force and effect as if signed and executed by the State Revenue Commissioner."

Section 2. This Act shall be effective immediately upon approval by the Governor or its otherwise becoming law.

Section 3. All laws and parts of laws conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.

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

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

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

SB 471. By Senator Dean of the 6th:
A bill to amend Code Chapter 88-23, relating to hospital care for the indigent, so as to redefine the term "indigent person" in such a manner

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JOURNAL OF THE SENATE,

as to require that the governing authority of an allegedly indigent person's county of residence shall certify such person as indigent; to repeal conflicting laws; and for other purposes.

Senator Webb of the llth offered the following amendment:
Amend SB 471 adding to line 21 of Section 1 immediately after the words "five days" the following:
"after the next regular or special meeting of the governing authority."
and striking the word "of" immediately preceding the words "receiving notice."

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, 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 26th Broun of 46th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard
Hardy

Hensley Holley Holloway Jackson Kidd London Miller Padgett Patton Pennington Plunkett Reeder Riley Rowan

Scott Searcey Smalley Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Webb Young Zipperer

Those voting in the negative were Senators:

Adams of 5th Andrews

Brown of 47th Reynolds

Ward

TUESDAY, FEBRUARY 10, 1970

703

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

On the passage of the bill, the ayes were 41, nays 5.

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

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-24, relating to the rights of certain State employees, so as to provide benefits for certain State employees contracting infectious hepatitis in specified instances; to repeal conflicting laws; and for other purposes.

The following fiscal letter, as required by law, was read by the Secretary:

DEPARTMENT OF AUDITS Atlanta
February 12, 1970

MEMORANDUM

TO:

Honorable Thomas B. Buck, III, Chairman

House Retirement Committee

FROM: E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer

RE:

Fiscal Note Senate Bill 414

This Bill allows certain State employees to receive benefits should they contact infectious hepatitis. Before, the law allowed these benefits with regard to tuberculosis. It provides for payment to the employee up to 350 weeks at the rate of one-half of his salary, or $150 per month, whichever is the lesser. It also provides for the continuance by the member for his retirement system benefits based on the $150 monthly payment.

It would not be possible to determine a cost to the State with reference to this Bill. This Bill should not affect the Employees Retirement System's actuarial soundness.

EBD/dd

/s/ E. B. Davis, State Auditor
/s/ W. C. Hawthorne, Deputy State Budget Officer

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JOURNAL OF THE SENATE,

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

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

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

SB 470. By Senator Holley of the 22nd:
A bill to amend Code Title 22, relating to corporations, so as to amend Part I thereof, known as the "Georgia Business Corporation Code", by deleting the requirement that a corporation shall accompany a notice from the State Revenue Commissioner that the corporation has met the requirements concerning reports and taxes; to repeal conflicting laws; and for other purposes.

Senator Holley of the 22nd offered the following amendment:
Amend SB 470 by inserting in line 4, page 1 the word "domestic" between the words "a" and "corporation"
and
by inserting in line 8, page 1 after the word "taxes"; the following:
"to provide that Foreign Corporations which dissolve secure a certificate from the State Revenue Commissioner;"
and
by striking from lines 14 and 15 of page 2 the following: "and notice from the State Revenue Commissioner which accompanies it"
and
by renumbering Section 6 on page 5 as Section 7; and
by inserting a new Section 6 to read as follows:
"Section 6. Section 22-1416 of the Code relating to the dissolution of a foreign corporation is hereby amended by adding a new Subsection to be Subsection (d) as follows:
'(d) Before the Secretary of State shall issue a certificate of withdrawal the corporation shall secure from the State Revenue Commissioner a certificate that the corporation has met the requirements concerning reports and taxes.' "

TUESDAY, FEBRUARY 10, 1970

705

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

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

On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional mapority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 312. By Senator Holloway of the 12th: A bill to amend an Act, creating the State Board of Workmen's Compensation, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; to provide for certain exemptions; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act creating the State Board of Workmen's Compensation, approved February 8, 1943 (Ga. Laws 1943, p. 167), as amended, so as to place the officials and employees of the State Board of Workmen's Compensation under the State Merit System; to provide for certain exemptions; to provide for other matters relative thereto; to provide for the repeal of specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the State Board of Workmen's Compensation, approved February 8, 1943 (Ga. Laws 1943, p. 167), as amended, is hereby amended by striking the last sentence of Section 3 of said original 1943 Act and inserting in lieu thereof the following:
"All officials, personnel and employees of the State Board of Workmen's Compensation are hereby placed under the State Merit System and shall be subject to the laws and rules and regulations relative to said System. Provided, however, that except for com-

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JOURNAL OF THE SENATE,

pensation, such laws and rules and regulations shall not apply to the Members of the Board, the Deputies and the Secretary-Treasurer, whose method of appointment, removal and terms of office shall remain as now provided by law."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 3. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved January 30, 1946 (Ga. Laws 1946, p. 28), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 3, 1950 (Ga. Laws 1950, p. 72), is hereby repealed in its entirety. None of the Acts repealed by the aforesaid 1950 Act shall be revived by the repeal of said 1950 Act. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 28, 1956 (Ga. Laws 1956, p. 367), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved March 16, 1960 (Ga. Laws 1960, p. 812), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 16, 1962 (Ga. Laws 1962, p. 94), is hereby repealed in its entirety. An Act relating to the Chairman and Members of the State Board of Workmen's Compensation, approved February 10, 1966 (Ga. Laws 1966, p. 17), is here-
by repealed in its entirety.

Section 4. 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 substitute to SB 312.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House substitute to SB 312 was agreed to.

The following general resolutions of the House, favorably reported by the committee, were read the third time, and put upon their passage:

HR 586. By Mr. Davis of the 75th:
A resolution compensating Mr. Hubert R. Wood; and for other purposes.

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

TUESDAY, FEBRUARY 10, 1970

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 Adams of 26th Andrews
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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Riley

Rowan Scott 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 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 604. By Mr. Johnson of the 29th: A resolution compensating Mr. Frank K. Story, Jr., and Mrs. Fan Young Story; 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 Broun of 46th

Brown of 47th Carter Chapman Coggin Cox

Dean Doss Eldridge Fincher of 51st Fincher of 54th

708
Garrard Gillis Hardy Hensley Hill Holley Holloway Jackson Johnson Kennedy Kidd London McGill

JOURNAL OP THE SENATE,

Miller Noble Padgett Patton Pennington Plunkett Reeder Riley Rowan Scott 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 52, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 615. By Mr. Westlake of the 75th: A resolution compensating Mr. E. H. Hartman, Sr.; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th
Adams of 26th Andrews
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
Jackson Johnson Kennedy
Kidd London McGill
Miller Noble
Padgett Patton Pennington Plunkett
Reeder Riley

Rowan Scott
Smalley Smith of 18th
Smith of 34th Spinks Starr
Stephens Trippe Tysinger
Vann Walling
Ward Webb Young Zipperer

TUESDAY, FEBRUARY 10, 1970

709

By unnanimous 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.

HR 619. By Mr. Bohannon of the 20th: A resolution compensating James Hoyt Hosey; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Riley

Rowan Scott 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 52, nays 0.

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

710

JOURNAL OF THE SENATE,

HR 632. By Mr. Ballard of the 23rd: A resolution compensating Mr. John H. Moore; and for other purposes.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Riley

Rowan Scott 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 52, nays 0.

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

HR 642. By Messrs. Keyton and Russell of the 70th: A resolution compensating Mr. D. R. Corley; and for other purposes.

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

TUESDAY, FEBRUARY 10, 1970

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 Adams of 26th Andrews 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Riley

Rowan Scott 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 52, nays 0.

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

HR 644. By Mr. Moate of the 28th: A resolution compensating Mrs. Sam Gray; 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 Broun of 46th Brown of 47th

Carter Chapman Coggin Cox Dean Doss

Eldridge Fincher of 51st Fincher of 54th Garrard Gillis Hardy

712
Hensley Hill Holley Holloway Jackson Johnson Kennedy Kidd London McGill Miller Noble

JOURNAL OP THE SENATE,

Padgett Patton Pennington Plunkett Reeder Riley Rowan Scott 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 52, nays 0.

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

Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following 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 312. Respectfully submitted, Eldridge of the 7th District, Chairman.

Senator Dean of the 6th moved that the Senate do now adjourn until 8:00 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 8:00 o'clock A. M. tomorrow.

WEDNESDAY, FEBRUARY 11, 1970

713

Senate Chamber, Atlanta, Georgia Wednesday, February 11, 1970

The Senate met pursuant to adjournment at 8:00 o'clock A.M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

Senator Trippe of the 31st 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 Trippe of the 31st 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 Trippe of the 31st asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.
The President Pro Tempore announced as the doctor of the day, Dr. Philip E. Christopher.

Scripture reading and prayer were offered by Reverend Edwin Cliburn, Thomaston, Georgia.

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

714 Mr. President:

JOURNAL OP THE SENATE,

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

HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th, Bond of the lllth, Farmer of the 16th and Evans of the 81st:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to exhaust systems, brakes and windshield wipers; and for other purposes.

HB 1206. By Mr. Busbee of the 61st:
A bill to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th:
A bill to amend Code Section 79A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered paragraph of this Section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; and for other purposes.
The House has passed by the requisite constitutional majority the following bills and resolutions of the House and Senate, to-wit:

HB 1265. By Mr. Moore of the 6th:
A bill to amend an Act creating the office of Tax Commissioner of Stephens County, so as to change the salary of said Tax Commissioner and to change the method for determining his salary; to provide for employees, their compensation and necessary office expenses; and for other purposes.

HB 1452. By Mr. Gunter of the 6th:
A bill to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for certain counties comprising said circuit; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

715

HB 1461. By Mr. Harrison of the 66th:
A bill to create the Charlton County Historical Commission; and for other purposes.

HB 1462. By Mr. Harrison of the 66th:
A bill to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.

HB 1463. By Mr. Harrison of the 66th:
A bill to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the Mayor and Councilmen to designate the depository for said City; and for other purposes.

HB 1465. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Carnes of the 104th, Winkles of the 96th, Sims of the 106th and others:
A bill to amend an Act creating the Civil Service Board in Fulton County, so as to provide that no prior residence in Fulton County shall be required for employment in the classified service; and for other purposes.

HB 1467. By Messrs. Gaynor of the 88th, Ellis of the 91st, Gignilliat of the 89th, Jones of the 87th, Funk of the 92nd, Whaley of the 93rd, Battle of the 90th and Hill of the 94th:
A bill to amend an Act providing that the Board of Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide for a ninth member to said Board, who shall have a four-year term of office, and who shall be elected county-wide and who shall be the President of said Board of Education; and for other purposes.

HB 1469. By Messrs. Carnes of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd and others:
A bill to provide that in all counties having a population of 500,000 or more exclusive original jurisdiction over juveniles shall be exercised by the Domestic Relations Division of the Superior Court; and for other purposes.

HB 1471. By Messrs. Phillips and Johnson of the 29th:
A bill to authorize the governing authorities of certain counties to create electrical examining boards for the purpose of examining ap-

716

JOURNAL OF THE SENATE,

plicants prior to issuing a license authorizing persons to engage in electrical contracting work within such counties; and for other purposes.

HB 1474. By Mr. Brooks of the 17th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.
HB 1475. By Mr. Brooks of the 17th:
A bill to amend an Act incorporating the City of Arnoldsville, so as to change the corporate limits of said city; and for other purposes.
HB 1477. By Messrs. Bell and Morris of the 73rd, Jordan of the 74th, Dean of the 76th, Collins of the 72nd, Farrar of the 77th and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to increase the number of the members of the Board of Commissioners of DeKalb County; and for other purposes.
HB 1482. 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 authorize the City of Albany to provide for the regulation and impoundment of animals, and the regulation of the owners thereof; and for other purposes.
HB 1483. By Messrs. Miller of the 83rd, Dodson of the 82nd, Keen, Knapp and Scarborough of the 81st: 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 1487. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Bowdon, so as to add to the corporate limits of the Town of Bowdon certain tracts of land; and for other purposes.

HB 1488. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A bill to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

717

HB 1491. By Mr. Jones of the 59th:
A bill to amend an Act creating a new charter for the City of Hinesville, so as to change the corporate limits of said city; and for other purposes.

HB 1498. By Mr. Brooks of the 17th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Madison County, so as to change the provisions relating to employment of personnel by said board of commissioners; and for other purposes.

HB 1499. By Mr. Lewis of the 37th:
A bill to provide that the boards of education of certain counties shall extend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with any order of any Federal court; and for other purposes.

HB 1502. By Mr. Colwell of the 5th:
A bill to be entitled an Act to create the Union County Industrial Development Authority; and for other purposes.

HB 1503. By Mr. Colwell of the 5th:
A bill to abolish the present mode of compensating the Ordinary of Union County, known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other purposes.

HB 1507. By Messrs. Miles and Simkins of the 78th, Connell of the 79th, Sherman and DeLong of the 80th:
A bill to authorize the coroners of certain counties to appoint assistants; and for other purposes.

HB 1510. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County, so as to change the provisions relating to the compensation of the assistants for the Tax Commissioner; and for other purposes.
HB 1511. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensa-

718

JOURNAL OF THE SENATE,

tion of the Deputy Clerk, the Docket Clerk, and typist; and for other purposes.

HB 1512. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County, so as to change the compensation of the clerical employee; and for other purposes.

HB 1513. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act changing the Compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the additional compensation of the Jailer to cover meals; and for other purposes.

HB 1514. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the clerical assistants; and for other purposes.

HR 725. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers vested in said governing authority and to provide penalties for violation of such ordinances; and for other purposes.

HR 726. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements; and for other purposes.

HR 727. By Messrs. Wilson, Kreeger, Burruss, McDaniell, Atherton, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire pro-

WEDNESDAY, FEBRUARY 11, 1970

719

tection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements; and for other purposes.

SB 395. By Senator Abney of the 53rd:
A bill to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, so as to change the provisions relative to the compensation, expenses and allowances of the Commissioner; and for other purposes.

SB 401. By Senator Abney of the 53rd:
A bill to amend an Act placing the sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; and for other purposes.

SB 402. By Senator Abney of the 53rd:
A bill to amend an Act creating the office of Commissioner of Walker County, so as to change the provisions relating to the compensation of said Commissioner; and for other purposes.

HB 695. By Messrs. Battle of the 90th, Patterson of the 20th, Gary of the 21st, Dickinson of the 118th, Henderson of the 117th, and others:
A bill to provide for the settlement of disputes concerning wages and rate of pay and other terms and conditions of employment of employees of fire departments; and for other purposes.

HB 1043. By Mr. Gaynor of the 88th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Section, shall apply; and for other purposes.

HB 1282. By Messrs. Hawes and Felton of the 95th, Jones of the 84th, Bray of of the 31st, Nunn of the 41st, Marcus of the 105th and Mrs. Hamilton of the 112th:
A bill to require that the Department of Archives and History make certain of its facilities available for the use of the general public on certain Saturadys; to provide that the Department may close its facilities on any Monday, if it so chooses; and for other purposes.

HB 1287. By Messrs. Jordan of the 74th and Wheeler of the 18th:
A bill to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted

720

JOURNAL OF THE SENATE,

with heat treated glass lenses, plastic lenses or laminated lenses; and for other purposes.

HB 1301. By Mr. Conger of the 68th:
A bill to reenact Section 13 of an Act approved March 9, 1945 entitled "An Act creating the State Ports Authority"; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this state, terminal facilities of all kinds; and for other purposes.

HB 1340. By Messrs. Phillips of the 50th and Barber of the 15th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that in each local school system the pupil-teacher ratio for first grade shall not be allowed to exceed 25 pupils per teacher; and for other purposes.
HB 1343. By Messrs. Brown and Melton of the 32nd:
A bill to amend Code Sction 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the National Firearms Act; and for other purposes.

HB 1352. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug or drug regulated by Chapters 79A-7, 79A-8, or 79A-9, so as to delete all references to Chapters 79A-8 and 79A-9, thus permitting punishment for violations of said Chapters to be governed by Code Sections 79A-9911 and 79A-9915; and for other purposes.

HB 1353. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that the manufacturer, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide shall be a felony and be punished by a fine of not more than $2,000 and by imprisonment in the penitentiary for not less than two nor more than five years; and for other purposes.

HB 1354. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of thee 102th and Patterson of the 20th:
A bill to amend Code Section 79A-905, relating to seizure of certain

WEDNESDAY, FEBRUARY 11, 1970

721

drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise, equipment and articles pursuant to said; Section, in like manner and authority as the State Board of Pharmacy; and for other purposes.

HB 1357. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st, Ezzard of the 102nd and Patterson of the 20th:
A bill to amend Code Chapter 79A-2 relating to the Georgia State Board of Pharmacy, so as to authorize the board to compile, publish and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons or which have the potential for abuse, and a description of same; and for other purposes.

HB 1390. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and others:
A bill to authorize the State Department of Archives and History to study the problem of record-keeping in Fulton County and to make recommendations to the governing authorities and the various officers and department heads, including the tax authorities of Fulton County and to make recommendations on the reduction and management of records; and for other purposes.

HB 1391. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and others:
A bill to amend an Act to provide a uniform County Commissioners law for such counties as may require a Commission form of government, so as to provide that no person shall be County Manager before he shall have attained his twenty-fifth birthday; to provide a period of probation of twelve months for any newly appointed County Manager, during which time he may be discharged without cause, and without the right of hearing; and for other purposes.

HR 668. By Messrs. Harrington and Chandler of the 34th:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Milledgeville, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Baldwin County; and for other purposes.
HR 672. By Messrs. Roach and Harris of the 10th:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton, Ga. easements for the

722

JOURNAL OF THE SENATE,

construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Cherokee County; and for "other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th, and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelopment work, etc.; and for other purposes.

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

SR 253. By Senator Trippe of the 31st:
A resolution honoring Douglas County in this, its centennial year; and for other purposse.

The House has adopted the following resolutions of the House, to-wit:

HR 524. By Messrs. Hudson of the 48th, Douglas of the 42nd, Matthews of the 63rd, Reaves of the 71st and Wheeler fo the 57th:
A resolution requesting relief from the Farmers Home Administration of the U. S. Department of Agriculture; and for other purposse.

HR 746. By Mr. Housley of the 117th:
A resolution Commending the Lockheed-Georgia Company; and for other purposes.

HR 761. By Messrs. Collins of the 62nd, Nessmith of the 44th, Reaves of the 71st, Russell of the 70th, Wheeler of the 57th and Matthews of the 63rd:
A resolution urging Georgia tobacco farmers to use only those pesticides approved for use on tobacco by the United States Department of Agriculture and the State Agricultural Experiment Stations; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

723

HR 773. By Messrs. Hudson of the 48th, Wheeler of the 57th, Levitas of the 77th and many others:
A resolution urging the Board of Regents to arrange to have the Georgia-Georgia Tech football game televised every year; and for other purposes.

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

HB 1481. By Mr. McClatchey of the 113th:
A bill to amend an Act providing for the establishment, maintenance and administration to common trust funds by trust institutions, so as to amend the definition of common trust fund; and for other purposes-

HB 1524. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, seas to provide that no member of the commission may contract with or sell to the city; and for other purposes.

HB 1363. By Messrs. Odom and Lee of the 61st, Nunn of the 41st, Moore of the 6th, Patterson of the 20th, Cooper of the llth, Bennett of the 71st:
A bill to create a division of the Department of Law to be known as the Georgia Bureau of Investigation; to state a legislative intent; and for other purposes.

HB 1087. By Mr. Buck of the 84th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

HB 1088. By Mr. Buck of the 84th:
A bill to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emerictus, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

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

724

JOURNAL OF THE SENATE,

SB 515. By Senator London of the 50th:
A bill to create a Board of Commissioners of White County to consist of a Chairman and two other members; to provide for the election of the members of said Board of Commissioners and for their terms of office; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 516. By Senators Hensley of the 33rd and Rowan of the 8th: A bill to prohibit any person, firm or corporation from using coercive techniques against certain persons, firms or corporations; to define terms; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.
SB 517. By Senator Adams of the 26th: A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to change the amount which may be charged in addition to the maximum service charge on a premium finance agreement; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 518. By Senators Coggin of the 35th and Padgett of the 23rd:
A bill to amend Code Section 27-2506, defining punishment for misdemeanors, as amended, so as to redefine the punishment for misdemeanors; to provide that the sentencing courts shall retain jurisdiction over certain sentences; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.
SB 519. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, as amended, so as to change the corporate limits; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 520. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter of the Town of Maysville, as amended, so as to increase the term of office of mayor and aldermen from one year to two years; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 11, 1970

725

SB 521. By Senators Holley of the 22nd, Trippe of the 31st and Coggin of the 35th:
A bill to amend Code Section 57-101, relating to the legal rate of interest, so as to increase the maximum rate of interest specified in writing from 8 to 10%; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 522. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 13-204.1 which prohibits a bank from conducting a banking businss in this State except on premises of the place of business, so as to prohibit a bank from conducting a banking business off the premises by such means as receptacles for the receipt of deposits, armored car messenger service and loan production offices; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 523. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, as amended, so as to change the fee for filing an application with the Secretary of State for a bank charter; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 524. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Codes Section 109-405, relating to fees payable to the Secretary of State by a banking company filing a petition for anamendment to its charter, so as to change the filing fee; to repeal conflicting laws; and for other purposes.
Referred to Committee on Banking and Finance.

SB 525. By Senator Spinks of the 9th:
A bill to create the agency of State government to be known as the Georgia Agrirama; to provide that the agency shall be under the direction of the Governor; to provide for a three member board of advisors;. to repeal conflicting laws; and for other purposes.
Referred to Committee on Agriculture.

SB 526. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta"; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

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SB 527. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta passed December 15, 1871, and Acts amendatory thereof, and for other purposes"; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 528. By Senator McGill of the 24th:
A bill to provide that county public works camps in counties with populations of not less than 10,600 nor more than 11,000, shall not be affected by certain rules and regulations; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 280. By Senators Patton of the 40th and Pennington of the 45th:
A resolution authorizing and directing the State Highway Department to determine the boundaries of certain rights-of-way along Roswell Road in Fulton County, which are surplusage, and authorizing and directing the Governor to deed the said surplusage to adjoining landowners; and for other purposes.
Referred to Committee on Highways.

SR 281. By Senator Fincher of the 51st:
A resolution accepting the bid of Downtown Development Corporation F. M. Air Rights Company, and City Center, Inc., a Joint Venture Partnership, For the Lease of the Air Rights above the property owned by the State of Georgia commonly referred to and known as the "Atlanta Union Passenger Station"; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

SR 282. By Senator Johnson of the 38th:
A resolution creating the Probation Systems Study Committee; and for other purposes.
Referred to Committee on Penal & Correctional Affairs.

SR 283. By Senator Johnson of the 38th:
A resolution creating a "Fulton County Judicial Study Commission"; and for other purposes.
Referred to Committee on Rules.

WEDNESDAY, FEBRUARY 11, 1970

72T

SR 284. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to create an instrumentality to be known as the "Athens Public Facilities Authority"; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 1265. By Mr. Moore of the 6th:
A bill to amend an Act creating the office of Tax Commissioner of Stephens 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.

HB 1452. By Mr. Gunter of the 6th:
A bill to amend an Act creating the Mountain Judicial Circuit, so as tochange the terms of court for certain counties comprising said circuit; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1461. By Mr. Harrison of the 66th: A bill to create the Charlton County Historical Commission; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1462. By Mr. Harrison of the 66th: A bill to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1463. By Mr. Harrison of the 66th: A bill to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the Mayor and Councilmen to designate the depository for said City; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1465. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Games of the 104th and others:
A bill to amend an Act creating the Civil Service Board in Fulton County, so as to provide that no prior residence in Fulton County shall be required for employment in the classified service; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1467. By Messrs. Gaynor of the 88th, Ellis of the 91st, Gignilliat of the 89th, Jones of the 87th, Funk of the 92nd and others:
A bill to amend an Act providing that the Board of Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide for a ninth member to said Board, who shall have a fouryear term of office; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1469. By Messrs. Carnes of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th and others:
A bill to provide that in all counties having a population of 500,000 or more exclusive original jurisdiction over juveniles shall be exercised by the Domestic Relations Division of the Superior Court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1471. By Messrs. Phillips and Johnson of the 29th:
A bill to authorize the governing authorities of certain counties to create electrical examining boards for the purpose of examining applicants prior to issuing a license authorizing persons to engage in electrical contracting work within such counties; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1474. By Mr. Brooks of the 17th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1475. By Mr. Brooks of the 17th:
A bill to amend an Act incorporating the City of Arnoldsville, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

WEDNESDAY, FEBRUARY 11, 1970

729

HB 1477. By Messrs. Bell and Morris of the 73rd, Jordan of the 74th, Dean of the 76th and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to increase the number of the members of the Board of Commissioners of DeKalb County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1482. 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 authorize the City of Albany to provide for the regulation and impoundment of animals; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1483. By Messrs. Miller of the 83rd, Dodson of the 82nd, Keen, Knapp and Scarborough of the 81st:
A bill to amend an Act establishing the State Court of Bibb County, 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.

HB 1487. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Bowdon, so as to add to the corporate limits of the Town of Bowdon certain tracts of land; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1488. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A bill to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1491. By Mr. Jones of the 59th:
A bill to amend an Act creating a new charter for the City of Hinesville, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1498. By Mr. Brooks of the 17th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Madison County, so as to change the provisions relating to employment of personnel by said board of commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1499. By Mr. Lewis of the 37th: A bill to provide that the boards of education of certain counties shall expend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with any order of any Federal Court; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1502. By Mr. Colwell of the 5th:
A bill to create the Union County Industrial Development Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1503. By Mr. Colwell of the 5th:
A bill to abolish the present mode of compensating the Ordinary of Union County, known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1507. By Messrs. Miles and Simkins of the 78th, Connell of the 79th, Sherman and DeLong of the 80th:
A bill to authorize the coroners of certain counties to appoint assistants; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1510. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County, so as to change the provisions relating to the compensation of the assistants for the Tax Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1511. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation

WEDNESDAY, FEBRUARY 11, 1970

731

of the Deputy Clerk, the Docket Clerk, and typist; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1512. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County, so as to change the compensation of the clerical employee; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1513. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act change the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the additional compensation of the jailer to cover meals; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1514. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the clerical assistants; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th, and others:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to exhaust systems, brakes and windshield wipers; and for other purposes.
Referred to Committee on Highways.

HB 695. By Messrs. Battle of the 90th, Patterson of the 20th, Gary of the 21st, Dickinson of the 118th, and others:
A bill to provide for the settlement of disputes concerning wages and rate of pay and other terms and conditions of employment of employees of fire departments; and for other purposes.
Referred to Committee on Industry and Labor,

HB 1043. By Mr. Gaynor of the 88th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving

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real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Section, shall apply; and for other purposes.
Referred to Committee on Judiciary.

HB 1206. By Mr. Busbee of the 61st:
A bill to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.
Referred to Committee on Judiciary.

HB 1282. By Messrs. Hawes and Felton of the 95th, Jones of the 84th, Bray of the 31st, and others:
A bill to require that the Department of Archives and History make certain of its facilities available for the use of the general public on certain Saturdays; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

HB 1287. By Messrs. Jordan of the 74th and Wheeler of the 18th:
A bill to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat treated glass lenses, plastic lenses or laminated lenses; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1301. By Mr. Conger of the 68th:
A bill to reenact Section 13 of an Act approved March 9, 1945 entitled "An Act creating the State Ports Authority"; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this state, terminal facilities of all kinds; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1340. By Messrs. Phillips of the 50th and Barber of the 15th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that in each local school system the public-teacher ratio for first grade shall not be allowed to exceed 25 pupils per teacher; and for other purposes.
Referred to Committee on Educational Matters.

WEDNESDAY, FEBRUARY 11, 1970

733

HB 1352. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug, so as to delete all references to Chapters 79A-8 and 79A-9, thus permitting punishment for violations of said Chapters to be governed by Code Sections 79A-9911 and 79A-9915; and for other purposes.
Referred to Committee on Judiciary.

HB 1353. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that the manufacture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide shall be a felony and be punished by a fine of not more than $2,000 and by imprisonment in the penitentiary for not less than two nor more than five years; and for other purposes.
Referred to Committee on Judiciary.

HB 1354. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th and others:
A bill to amend Code Section 79A-905, relating to seizure of certain drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1357. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st and others:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to authorize the Board to compile, publish and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons or which have the potential for abuse, and a description of same; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th:
A bill to amend Code Section 79A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered paragraph of this Section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; and for other purposes.
Referred to Committee on Health and Welfare.

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JOURNAL OF THE SENATE,

HB 1390. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, and others:
A bill to authorize the State Department of Archives and History to study the problem of record-keeping in Fulton County and to make recommendations to the governing authorities and the various officers and department heads of Fulton County and to make recommendations on the reduction and management of records; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

HB 1391. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th and others:
A bill to amend an Act to provide a uniform County Commissioners law for such counties as may require a Commission form of government, so as to provide that no person shall be County Manager before he shall have attained his twenty-fifth birthday; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 524. By Messrs. Hudson of the 48th, Douglas of the 42nd, Matthews of the 63rd, Reaves of the 71st and Wheeler of the 57th:
A resolution requesting relief from the Farmers Home Administration of the U. S. Department of Agriculture; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HR 668. By Messrs. Harrington and Chandler of the 34th:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Milledgeville, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Baldwin County; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 672. By Messrs. Roach and Harris of the 10th:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Cherokee County; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

WEDNESDAY, FEBRUARY 11, 1970

735

HR 725. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers vested in said governing authority and to provide penalties for violation of such ordinances; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 726. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 727. By Messrs. Wilson, Kreeger, Burruss, McDaniell, Atherton, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1087. By Mr. Buck of the 84th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.
Referred to Committee on Retirement.

HB 1088. By Mr. Buck of the 84th:
A bill to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.
Referred to Committee on Retirement.

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JOURNAL OF THE SENATE,

HB 1363. By Messrs. Odom and Lee of the 61st, Nunn of the 41st and others r
A bill to create a division of the Department of Law to be known as the Georgia Bureau of Investigation; to state a legislative intent;, and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1481. By Mr. McClatchey of the 113th:
A bill to amend an Act providing for the establishment, maintenance and administration of common trust funds by trust institutions, so as to amend the definition of common trust fund; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1524. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, so as to provide that no member of the commission may contract with or sell to the city; and for other purposes.
Referred to Committee on County and Urban Affairs:

HR 761. By Messrs. Collins of the 62nd, Nessmith of the 44th, Reaves of the 71st and others: A resolution urging Georgia tobacco farmers to use only those pesticides approved for use on tobacco by the United States Department of Agriculture and the State Agricultural Experiment Stations; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.
HR 773. By Messrs. Hudson of the 48th, Wheeler of the 75th, Levitas of the 77th and others: A resolution urging the Board of Regents to arrange to have the Georgia-Georgia Tech football game televised every year; and for other purposes.
Referred to Committee on University System of Georgia.
The following bills and resolutions of the Senate and House were read the second time:
SB 491. By Senator Webb of the llth: A bill to amend an Act creating the Georgia Factory for the Blind; as amended, so as to provide that surplus funds may be accrued by

WEDNESDAY, FEBRUARY 11, 1970

737

the Factory not to exceed a total of $250,000.00; to repeal conflicting laws; and for other purposes.

SB 492. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, as amended, so as to change the date of the City election; to repeal conflicting laws; and for other purposes.

SB 493. By Senator Trippe of the 31st:
A bill to reenact Section 15 of an Act approved March 9, 1945, entitled "An Act creating the State Ports Authority; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this State, terminal facilities of all kinds; conferring powers and imposing duties on the Authority"; to repeal conflicting laws; and for other purposes.

SB 494. By Senator London of the 50th: A bill to create a board of commissioners of Towns County; to provide for commissioner districts; to repeal conflicting laws; and for other purposes.
SB 495. By Senator London of the 50th: A bill to amend an Act creating a new charter for the City of Young Harris, as amended, so as to change the date of elections in said city; to repeal conflicting laws; and for other purposes.

SB 496. By Senator Chapman of the 32nd:
A bill to amend an Act providing a new charter for the City of Marietta as amended, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.

SB 497. By Senator Hensley of the 33rd:
A bill to authorize contractors to establish an escrow agreement, with an escrow agent of his choice subject to regulations of the Highway Department; to repeal conflicting laws; and for other purposes.

SB 498. By Senator Hensley of the 33rd:
A bill to amend an Act providing that the State Highway Board shall construct and maintain those portions of the State-aid system of roads lying within the corporate limits of municipalities, so as to provide

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JOURNAL OF THE SENATE,

for the State Highway Board to maintain all portions of the Stateaid road systems within municipalities; to repeal conflicting laws; and for other purposes.

SB 500. By Senator Broun of the 46th:
A bill to amend an Act fixing the compensation of the judge of the Juvenile Court of Clarke County, as amended, so as to change the compensation of the judge; to repeal conflicting laws; and for other purposes.

SB 501. By Senator Broun of the 46th:
A bill to provide for the compensation of the Coroner of Clarke County; to repeal conflicting laws; and for other purposes.

SB 502. By Senator Broun of the 46th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the county of Clarke, as amended, so as to change the compensation of the chairman and members of the board; to repeal conflicting laws; and for other purposes.

SB 503. By Senator Broun of the 46th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, as amended, so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes.

SB 504. By Senator Broun of the 46th:
A bill to create the Athens-Clarke County Charter Commission; to provide for a short title; to repeal conflicting laws; and for other purposes.

SB 505. By Senator Broun of the 46th:
A bill to amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; to repeal conflicting laws; and for other purposes.

SB 506. By Senator Broun of the 46th:
A bill to amend an Act granting a charter to the Mayor and Council of the City of Athens, so as to provide that a municipal elective officer of the Mayor and Council of the City of Athens shall be

WEDNESDAY, FEBRUARY 11, 1970

739

eligible to enter as a candidate any political party primary for general election other than to succeed himself as an incumbent or a public elective office; to repeal conflicting laws; and for other purposes.

SB 507. By Senator Broun of the 46th:
A bill to amend an Act establishing a City Court in the County of Clarke as amended, so as to change the name of the said court of Athens; to provide that the changing of the name of said court shall not affect the status of the said court in any other manner; to repeal conflicting laws; and for other purposes.

SB 508. By Senator Broun of the 46th:
A bill to amend an Act fixing the compensation of the treasurer of Clarke County, so as to change the compensation of the treasurer; to repeal conflicting laws; and for other purposes.

SB 509. By Senator Broun of the 46th:
A bill to amend an Act consolidating the Clarke County Board of Health and the Board of Health of the City of Athens, as amended, so as to change the method of funding and the manner of selection of members; to repeal conflicting laws; and for other purposes.

SB 510. By Senator Padgett of the 23rd: A bill to amend the charter of the City of Augusta, incorporated as The City Council of Augusta; and for other purposes.
SB 511. By Senator McGill of the 24th: A bill to authorize the use of public funds of Wilkes County for industrial development and related purposes; to repeal conflicting laws; and for other purposes.

SB 512. By Senators Garrard of the 37th, Johnson of the 38th, Stephens of the 36th and others:
A bill to amend Code Section 47-102 relating to State Senatorial Districts as amended, so as to change the descriptions and composition of certain Senatorial Districts; to repeal conflicting laws; and for other purposes.
SB 513. By Senator Vann of the 10th:
A bill to provide the circumstances under which certain unsolicited merchandise shall be deemed to be an unconditional gift to the recipient of such merchandise; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE,

SB 514. By Senators Adams of the 26th and Tysinger of the 41st:
A bill to amend Code Section 84-1001, relating to the Board of Examiners of Nurses for Georgia, so as to provide that the Board shall be composed of 5 persons who shall be appointed by the Governor for terms of 3 years, which appointments may be made from a list of 5 members of the Georgia State Nurses' Association; to repeal conflicting laws; and for other purposes.

SR 276. By Senators Chapman of the 32nd, Carter of the 14th, Kennedy of the 4th and others:
A resolution creating an interim study committee to study private schools in this State; and for other purposes.
SR 277. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution to authorize the General Assembly to abolish any or all agencies established for the administration of the programs of educational loans, grants or scholarships and to transfer to such agency as the General Assembly shall provide the administration of such programs; and for other purposes.
HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing appropriations for the fiscal years 1969-1970 and 1970-1971, known as the "General Appropriations Act", so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; and for other purposes.
HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th and others:
A bill to amend Code Section 93-206 and Code Section 93-208, pertaining to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.

HB 1136. By Mr. Lewis of the 37th:
A bill to amend an Act creating the Georgia Historical Commission, so as to remove the provision placing a ceiling on the salary of employees of the Commission; and for other purposes.

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built

WEDNESDAY, FEBRUARY 11, 1970

741

housing a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1028. Do not pass. Respectfully submitted, Holley of 22nd 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 has 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 426. Do pass. SB 513. Do pass. HB 1135. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Brown of the 47th District, Acting 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

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JOURNAL OF THE SENATE,

me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 487. Do pass by substitute. SB 494. Do pass. SB 495. Do pass. SB 496. Do pass. SB 500. Do pass. SB 501. Do pass. SB 502. Do pass. SB 503. Do pass. SB 504. Do pass. SB 505. Do pass. SB 506. Do pass. SB 507. Do pass. SB 508. Do pass. SB 509. Do pass. SB 511. Do pass. HB 1394. Do pass. HB 1396. Do pass by substitute. HB 1402. Do pass. HB 1404. Do pass. HB 1410. Do pass. HB 1411. Do pass. HB 1412. Do pass. HB 1415. Do pass. HB 1418. Do pass. HB 1420. Do pass. HB 1425. Do pass. HB 1426. Do pass. HB 1436. Do pass.
HR 695. Do pass by substitute.
Respectfully submitted,
Brown of 47th District,
Acting Chairman.

WEDNESDAY, FEBRUARY 11, 1970

743

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 68. Do pass by substitute.
SB 421. Do pass by substitute. SB 429. Do pass.
HB 179. Do pass.
HB 734. Do pass by substitute. HB 1208. Do pass.
HB 1210. Do pass. HB 1361. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.

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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 227. Do not 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 and resolution of the Senate and House and has instructed me,

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JOURNAL OF THE SENATE,

as Chairman, to report the same back to the Senate with the following recommendations :
SB 416. Do pass by substitute. SB 442. Do pass by substitute. SB 491. Do pass. SB 514. Do pass as amended. SR 275. Do pass. HB 327. 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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 454. Do pass. Respectfully submitted, Chapman of 32nd District, Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:
Mr. President:
Your Committee on Highways has had under consideration the following bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 302. Do not pass. Respectfully submitted, Hensley of 33rd District, Chairman.
Senator Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:

WEDNESDAY, FEBRUARY 11, 1970

745

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 413. Do pass. SB 441. Do pass by substitute. SB 446. Do pass by substitute.
SB 476. Do pass. HE 659. 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:
Mr. President:
Your Committee on Public Utilities and Transportation 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 1240. Do pass. Respectfully submitted, Fincher of 51st District, Chairman.

Senator Webb of the llth District, Chairman of the Committee on Retirement, submitted the following report:

Mr. President:

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

SB 331. Do not pass.

SB 337. Do not pass.

SB 355. Do not pass.

Respectfully submitted,

Webb of llth District,

Chairman.

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JOURNAL OP THE SENATE,

Senator Webb of the llth District, Chairman of the Committee on Retirement, submitted the following report:

Mr. President:

Your Committee on Retirement has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1142. Do pass as amended.
Respectfully submitted,
Webb of llth 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 273. Do pass. Respectfully submitted, Smith of 18th District, Vice Chairman
Senator Broun of the 46th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia 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 277. Do pass by substitute. Respectfully submitted, Broun of 46th District, Chairman.
The following local, uncontested bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:

WEDNESDAY, FEBRUARY 11, 1970

747

SB 469. By Senator Smith of the 18th:
A bill to amend an Act changing the manner and method of electing members of the board of education of Houston County, as amended, so as to abolish education districts; to repeal conflicting laws; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend SB 469 by striking in their entirety lines 2 through 7 of page 2 and substituting in lieu thereof the following:
"Section 2. Not less than 10 nor more than 15 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Houston County to issue the call for an election for the purpose of submitting this Act to the voters of the Houston County School District for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call."

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.
SB 466. By Senator Smith of the 18th: A bill to amend an Act creating a Board of Commissioners of Houston County, so as to abolish residency requirements for the election of members to the board; to renumber positions on 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 48, nays 0.

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

SB 485. By Senator Vann of the 10th:
A bill to provide for the election of the members of the Board of Education of Mitchell County; to provide for education districts; 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.

SB 486. By Senator Vann of the 10th: A bill to provide that Mitchell County School Superintendent shall be appointed by the Mitchell County Board of Education upon the termination of the present term of office of the present Mitchell County School Superintendent; 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.
SB 490. By Senators Johnson of the 38th, Coggin of the 35th, Hardy of the 56th and others: A bill to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 11, 1970

749

HB 1315. 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 manner in which members of the Board are elected; and for other purposes.

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

On the passage of the bill, the ayes were 48, nays 0.

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

HB 1316. By Mr. Sorrells of the 24th:
A bill to amend an Act placing the clerk of the superior court, the ordinary and coroner of Walton County upon an annual salary, so as to change the compensation of the coroner; and for other purposes.

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

On the passage of the bill, the ayes were 48, nays 0.

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

HB 1317. By Mr. Sorrells of the 24th:
A bill to amend an Act incorporating the City of Loganville, so as to provide that the salary of the mayor shall not exceed $1,200 per year; and for other purposes.

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

On the passage of the bill, the ayes were 48, nays 0.

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

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HB 1328. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend an Act creating the office of tax commissioner of Colquitt 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 1360. 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, and the several Acts amendatory thereof"; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1366. By Messrs. Caldwell and Smith of the 39th:
A bill to consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson and to define the powers and duties of such joint board of tax assessors; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 11, 1970

751

HB 1367. 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 provide that the mayor and council of said city are authorized to provide by ordinance for the levy of ad valorem taxes on all taxable property for the ordinary current expenses of said city such tax as they may deem necessary and proper; and for other purposes.

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

On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1368. 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 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1399. By Mr. Douglas of the 42nd:
A bill to amend an Act placing the sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy sheriff of Johnson 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.

752

JOURNAL OF THE SENATE,

HB 1400. By Mr. Phillips of the 50th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Montgomery County and creating a new Board of Commissioners, 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 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1401. 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 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1407. By Mr. Jones of the 59th: A bill to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, so as to change the compensation of the Clerk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0. The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 11, 1970

753

HB 1408. By Mr. Jones of the 59th:
A bill to amend an Act establishing the City Court of Hinesville, so as to change the salary of the Solicitor of said Court; and for other purposes.

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

On the passage of the bill, the ayes were 48, nays 0.

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

HB 1409. By Mr. Jones of the 59th:
A bill to place the Coroner of Liberty County on a monthly salary in lieu of the fee system of compensation; and for other purposes.

The report of the committee, which was favorable to the passage of 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 1417. By Messrs. Snow and Crowe of the 1st:
A bill to amend an Act incorporating the City of Lookout Mountain, so as to define certain terms; to further define 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.

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HB 1419. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act placing the sheriff of Chattahoochee County on a salary in lieu of a fee 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 48, nays 0.

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

HB 1430. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act creating the office of Commissioner of Franklin County and an Advisory Board, so as to provide that each member shall be elected by the qualified voters of the whole 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 1431. By Messrs. Mauldin and Milford of the 12th: A bill to amend an Act abolishing the fee system in compensating the sheriff of Franklin County, and providing in lieu thereof an annual salary, so as to change the daily sum alloted to the sheriff for the purpose of feeding prisoners; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 48, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 11, 1970

755

HB 1435. By Messrs. Rush and Salem of the 51st:
A bill to amend an Act creating a new charter for the City of Glennville, 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 1443. By Messrs. Wilson, McDaniell, Henderson of the 117th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the maximum compensation which may be paid to assistant district attorneys; and for other purposes.

The report 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 1449. By Messrs. Russell and Keyton of the 70th:
A bill to amend an Act placing the sheriff of Thomas County on a salary system of compensation in lieu of the fee system, so as to change the compensation of the sheriff; and for other purposes.

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

On the passage of the bill, the ayes were 48, nays 0.

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

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JOURNAL OF THE SENATE,

HB 1450. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal government for the City of Eome, 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.

The report 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 1306. By Mr. Peters of the 2nd: A bill to amend an Act protecting the public health by providing for premarital examinations for syphilis, so as to provide that in counties with populations of not less than 21,000 nor more than 21,900, such premarital examinations shall be conducted only by designated employees of the county health department; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 48, nays 0.

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

HR 521. By Messrs. Pickard of the 84th, Howell of the 60th, Berry of the 85th and others:
A resolution providing for the designation of the Columbus-Blakely route as "The Chattahoochee Trail"; 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 48, nays 0.

WEDNESDAY, FEBRUARY 11, 1970

757

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

HR 643. By Mr. Grahl of the 40th:
A resolution requesting the Governor to direct the State Librarian to furnish copies of the Session Laws, Supreme Court Reports and Court of Appeals Reports to the Library of the Superior Court of Peach 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 48, nays 0.

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

The following general resolutions of the Senate, favorably reported by the committees, were put upon their passage:

SR 251. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others: A resolution relative to Providence Canyons; 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.
SR 252. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others: A resolution endorsing the Agricultural Museum project in Tift County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 34, nays 0.

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

SB 249. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution relative to Callaway Gardens; 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 250. By Senator Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others: A resolution requesting the Georgia Historical Commission to render assistance and advice in the development of Westville as a tourist attraction; 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.
SR 265. By Senators London of the 50th, Young of the 13th, Rowan of the 8th and others: A resolution urging changes relative to Social Security Benefits; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

WEDNESDAY, FEBRUARY 11, 1970

75&

On the adoption of the resolution, the Chairman 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 Bateman Broun of 46th
Brown of 47th Carter
Chapman Coggin Dean Doss Eldridge
Fincher of 51st Fincher of 54th

Garrard
Gillis
Hardy Holloway Jackson
Kennedy Kidd
London McGill Noble Patton Pennington
Plunkett

Reeder
Reynolds
Scott Smith of 34th Spinks
Starr Stephens
Trippe Tysinger Vann Ward Webb
Young

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

On the adoption of the resolution, the ayes were 40, nays 0.

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

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

SB 478. By Senator Holloway of the 12th:
A bill to amend an Act requiring the State Revenue Commissioner to examine the tax digest of several counties; so as to require the State Revenue Commissioner to compare the valuation of the various classes of property within a county and to reject the digest of those counties in which he finds the taxable values of such classes to be not uniform; and for other purposes.

The report 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.

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JOURNAL OP THE SENATE,

SB 488. By Senators Spinks of the 9th and McGill of the 24th:
A bill to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain conditions; to repeal conflicting laws; and for other purposes.

The report of the Committee, which was favorable to the passage of the l, 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 483. By Senator Spinks of the 9th :
A bill to amend Code Section 92-6912, relating to arbitration, as amended, so as to delete therefrom the provisions providing 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; 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 2.

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

SB 451. By Senator Eldridge of the 7th:
A bill to amend Code Section 109A-307, relating to the protection of buyers of goods, as amended, so as to provide that a tobacco warehouse commission merchant, who without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the 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, the ayes were 33, nays 0.

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

WEDNESDAY, FEBRUARY 11, 1970

761

SB 354. By Senator Johnson of the 38th:
A bill to authorize certain guardians to obtain policies of life insurance on the lives of their wards; 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 489. By Senator Holley of the 22nd:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations, companies, or persons, firms owning or leasing a radio common carrier system as defined in the Act; and for other purposes.

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

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

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

SB 482. By Senators Chapman of the 32nd and Rowan of the 8th:
A bill to provide for the necessary consent for the treatment of minors for venereal disease; to provide for the necessary consent for the treatment of minors for drug abuse; to provide a certain definition; to provide that physicians or others providing such treatment to such minors may, but shall not be obligated to, inform certain other family members of the minor as to the treatment given or needed; and for other purposes.

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

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

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

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JOURNAL OF THE SENATE,

SB 348. By Senator Johnson of the 38th:
A bill to amend Code Section 26-1705, relating to the illegal use of credit cards, as amended, so as to clarify the definitions of the terms "credit card" and "issuer"; 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 34, nays 0.

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

Senator Johnson of the 38th moved that SB 348 be immediately transmitted to the House.
On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 348 was immediately transmitted to the House.

SB 422. By Senators Smith of the 18th and Plunkett of the 30th:
A bill to provide an alternative method cumulative to existing methods for extending municipal boundaries of municipalities having a population of 5,000 or more persons; to provide the procedure to be followed when such method is used; to authorize expenditures by municipalities for purposes of this Act; 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 an alternative method, cumulative to existing methods, for extending municipal boundaries of municipalities having a population of 5,000 or more persons, to provide standards and conditions under which such method shall be applicable; to provide the procedure to be followed when such method is used; to insure the extension of all municipal services to new areas included within municipal boundaries under such method; to provide for public hearings; to provide for appeals; to provide for reports to the Secretary of State; to authorize expenditures by municipalities for purposes of this Act; to define the effect on existing laws; to provide for a referendum to certain circumstances; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 11, 1970

763

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. It is hereby declared to be the policy in this State:

(a) that municipalities are created for the purpose of providing local governmental services and for insuring the health, safety and welfare of persons and the protection of property in areas being used primarily for residential, commercial, industrial and institutional purposes; and

(b) that the orderly growth of municipalities, based on the need for municipal services and the ability of the municipality to serve, is essential to the economic progress of the State and to the well-being of its urban citizens; and,

(c) that the extension of municipal boundaries to accomplish orderly growth should be in accordance with standards established by the
General Assembly; and,

(d) that urban growth and development in and around municipalities having a population of 5,000 or more persons is more scattered, occurs more rapidly, and presents different problems in regard to the extension of municipal services than in smaller municipalities, and therefore this Act, based on such factors, applies only to municipalities having a population of 5,000 or more persons under the 1960 or any future Federal census; and,

(e) further, that any areas included within municipal boundaries under the provisions of this Act should receive all services provided by the annexing municipality as soon as possible after coming within its
boundaries.

Section 2. The governing body of any municipality having a population of 5,000 or more persons under the 1960 or any future Federal census may extend the corporate limits of such municipality to include any area which meets the standards of Section 3 of this Act, under the conditions and procedure provided herein.

Section 3. Ability to serve. A municipality exercising authority under this Act shall make plans for the extension of services to the area proposed to be annexed and shall, prior to the public hearing provided for in Section 5 of this Act, prepare a report setting forth such plans to provide services to such area. The report shall include:

(a) A map or maps of the municipality and adjacent territory to show the following information:
(1) The present and proposed boundaries of the municipality.
(2) The present major trunk water mains and sewer interceptors and outfalls, and the proposed extensions of such mains and outfalls as required in subsection (c) of this Section.

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(3) The general land use pattern in the areas to be annexed.

(b) A statement showing that the area to be annexed meets the requirements of Section 4 of this Act.

(c) A statement setting forth the plans of the municipality for extending to the area to be annexed each major municipal service per-
formed within the municipality at the time of annexation. Specifically, such plans shall:

(1) Provide for extending police protection, fire protection, garbage collection and street maintenance services to the area to be annexed on the date of annexation on substantially the same basis and in the same manner as such services are provided within the rest of the municipality prior to annexation. If a water distribution system is not available in the area to be annexed, the plans must call for reasonable effective fire protection services until such time as water lines are made available in such area under existing municipal policies for the extension of water lines.

(2) Provide for extension of major trunk water mains and sewer outfall lines into the area to be annexed so that when such lines are constructed, property owners in the area to be annexed will be able to secure public water and sewer service, according to the policies in effect in such municipality for extending water and sewer lines to individual lots or subdivisions.

(3) If extension of major trunk water mains and sewer outfall lines into the area to be annexed is necessary, set forth a proposed time-table for construction of such mains and outfalls as soon as possible following the effective date of annexation. In any event, the plans call for contracts to be let and construction to begin within eighteen months following the effective date of annexation.

(4) Set forth the method under which the municipality plans to finance extension of services into the area to be annexed.

Section 4. Standards Applicable to Area to be Annexed. A municipal governing body may extend the municipal corporate limits to include any area (1) which meets the general standards of subsection (a), and (2) every part of which meets the requirements of either subsection (b) or subsection (c).

(a) The total area to be annexed must meet the following standards on the date of the adoption of the resolution:

(1) It must be adjacent or contiguous to the municipality's boundaries at the time the annexation proceeding is begun.

(2) At least one-eighth of the aggregate external boundaries of the area must coincide with the municipal boundary.

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765

(3) No part of the area shall be included within the boundary of another incorporated municipality.

(4) No part of the area shall, at the time notice of public hearing is given in accordance with Section 5, be receiving either water service or sewer service, or both, and also either police protection or fire protection from any unit of government other than the municipality proposing annexation. This requirement may be waived by written agreement of the municipality proposing annexation and the other unit of government affected. Where a waiver of this requirement is applicable, a copy of such agreement shall be made a part of the report required by Section 3.

(b) The area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets either one of the following standards on the date of the adoption of the annexation ordinances:
(1) Has a total resident population equal to at least two persons for each acre of land included within its boundaries on the date of the adoption of the annexation ordinance, and is subdivided into lots and tracts such that at least sixty per cent (60%) of the total acreage consists of lots and tracts five acres or less in size and such that at least sixty per cent (60%) of the total number of lots and tracts are one acre or less in size; or

(2) Is so developed that at least sixty per cent (60%) of the total number of lots and tracts in the area on the date of the adoption of the annexation ordinance, are used for residential, commercial, industrial, institutional or governmental purposes, and is subdivided into lots and tracts such that at least sixty per cent (60%) of the total acreage, not counting the acreage used on the date of the adoption of the annexation ordinance for commercial, industrial, governmental or institutional purposes, consists of lots and tracts five acres or less in size.

(c) In addition to areas developed for urban purposes, a governing body may include in the area to be annexed any area which does not meet the requirements of subsection (b) if such area lies between the municipal boundary and an area developed for urban purposes so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services and water and sewer lines through such sparsely developed area; and is adjacent, on at least sixty per cent (60%) of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in subsection (b).

(d) In fixing new municipal boundaries, a municipal governing body shall, wherever practical, use natural topographic features such as ridge lines and streams and creeks as boundaries, and if a street is used as a boundary, include within the municipality land on both sides of the street and such outside boundary may not extend more than 200 feet

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beyond the right-of-way of the street, except to include all of a lot or parcel of land partially within 200 feet of said right-of-way.

Section 5. Procedure for Annexation.

(a) Notice of Intent. Any municipal governing body desiring to annex territory under the provisions of this Act shall first pass a resolution stating the intent of the municipality to consider annexation. Such resolution shall describe the boundaries of the area under consideration and fix a date for a public hearing on the question of annexation, the date for such public hearing to be not less than thirty days and not more than sixty days following passage of the resolution. The notice of public hearing shall:

(1) Fix the date, hour and place of the public hearing.

(2) Describe clearly the boundaries of the area under consideration.

(3) State that the report required in Section 3 of this Act will be available at the office of the municipal clerk at least fourteen days prior to the date of the public hearing.

Such notice shall be given by publication in a newspaper having general circulation in the municipality once a week for three successive weeks prior to the date of the hearing. The date of the last publication shall be not more than seven days preceding the date of public hearing. If there be no such newspaper, the municipality shall post the notice in at least three public places within the municipality and in at least three public places in the area to be annexed for thirty days prior to the date of public hearing.

(b) Action Prior to Hearing. At least fourteen days before the date of the public hearing, the governing body shall approve the report provided for in Section 3 of this Act, and shall make it available to the public at the office of the municipal clerk. In addition, the municipality may prepare a summary of the full report for public distribution.

(c) Public Hearing. At the public hearing a representative of the municipality shall first make an explanation of the report required in Section 3 of this Act. Following such explanation, all persons resident or owning property in the territory described in the notice of public hearing, and all residents of the municipality, shall be given an opportunity to be heard.

(d) Passage of the Annexation Ordinance. The municipal governing body shall take into consideration facts presented at the public hearing
and shall have authority to amend the report required by Section 3 of this Act to make changes in the plans for serving the area proposed to be annexed so long as such changes meet the requirements of Section 3. At any regular or special meeting held no sooner than the seventh day following the public hearing and no later than sixty days following such public hearing, the governing body shall have authority to adopt an

WEDNESDAY, FEBRUARY 11, 1970

767

ordinance extending the corporate limits of the municipality to include all, or such part, of the area described in the notice of public hearing which meets the requirements of Section 4 of this Act and which the governing body has concluded should be annexed. The ordinance shall:

(1) Contain specific findings showing that the area to be annexed meets the requirements of Section 4 of this Act. The external boundaries of the area to be annexed shall be described by metes and bounds. In showing the application of Section 4 (c) and 4 (d) to the area, the governing body may refer to boundaries set forth on a map of the area and incorporate same by reference as a part of the ordinance.

(2) A statement of the intent of the municipality to provide services to the area being annexed as set forth in the report required by Section 3 of this Act.

(3) A specific finding that on the effective date of annexation the municipality will have funds appropriated in sufficient amount to finance construction of any major trunk water mains and sewer outfalls found necessary in the report required by Section 3 to extend the basic water and sewer system of the municipality into the area to be annexed, or that on the effective date of annexation the municipality will have authority to issue bonds in an amount sufficient to finance such construction. If authority to issue such bonds must be secured from the electorate of the municipality prior to the effective date of annexation, then the effective date of annexation shall be no earlier than the day following the statement of the successful result of the bond election.

(4) Fix the effective date of annexation. The effective date of annexation may be fixed for any date within twelve months from the date of passage of the ordinance.

(e) Simultaneous Annexation Proceedings. If a municipality is considering the annexation of two or more areas which are all adjacent to the municipal boundary but are not adjacent to one another, it may undertake simultaneous proceedings under authority of this Act for the annexation of such areas.

Section 6. Effect of Annexation Ordinance. From and after the effective date of the annexation the territory and its citizens and property shall be subject to all debts, laws, ordinances and regulations in force in such municipality and shall be entitled to the same privileges and benefits as other parts of such municipality. The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the effective date of annexation.

Section 7. Remedies. If, not earlier than eighteen months from the effective date of annexation, and not later than twenty-one months from the effective date of annexation, any person owning property in the annexed territory shall believe that the municipality has not followed through on its service plans adopted under the provisions of Section 3

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(c) and 5 (d), such person may apply for a writ of mandamus tinder the provisions of Ga. Code Ann. Chap. 64-1. Relief may be granted by the Judge of Superior Court: (1) if the municipality has not provided the services set forth in its plan submitted under the provisions of Section 3 (c) (1) on substantially the same basis and in the same manner as such services were provided within the rest of the municipality prior to the effective date of annexation, and (2) if at the time the writ is sought such services set forth in the plan submitted under the provisions of Section 3 (c) (1) are still being provided on substantially the same basis and in the same manner as on the date of annexation of the municipality. Relief may also be granted by the Judge of Superior Court:
(1) if the plans submitted under the provisions of Section 3(c)(3) require the construction of major trunk water mains and sewer outfall lines, and (2) if contracts for such construction have not yet been let. If a writ is issued, costs in the action, including reasonable attorney's fees for such aggrieved person, shall be charged to the municipality.

Section 8. Appeal.
(a) Within thirty days following the passage of an annexation ordinance under the authority of this Act, any person owning property in the annexed territory who shall believe that he will suffer material injury by reason of the failure of the municipal governing body to comply with the procedure set forth in this Act or to meet the requirements set forth in Section 4 of this Act as they apply to his property may file a petition in the Superior Court of the County in which the municipality is located seeking review of the action of the governing body.

(b) Such petition shall explicity state what exceptions are taken to the action of the governing body and what relief the petitioner seeks. The person seeking review shall serve copies of the petition upon the municipality as provided by law for service upon defendants in civil actions.

(c) Within fifteen days after the receipt of the copy of the petition for review, or within such additional time as the court may allow, the municipality shall transmit to the reviewing court (1) a transcript of the portions of the municipal journal or minute book in which the procedure for annexation has been set forth and (2) a copy of the report setting forth plans for extending services to the annexed area as required by Section 3 of this Act.

(d) If two or more petitions for review are submitted to the court, the court may consolidate all such petitions for review at a single hearing, and the municipality shall be required to submit only one set of minutes and one report as required in subsection (c).

(e) At any time before or during the review proceedings, any petitioner owning land in the municipality or in the affected area may apply to the reviewing court for an order staying the operation of the annexation ordinance pending the outcome of the review. The court may grant or deny the stay in its discretion upon such terms as it deems proper, and it may permit annexation of any part of the area described in the ordinance concerning which no question for review has been raised.

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769

(1) The review shall be conducted by the court without a jury. The court may hear oral arguments and receive written briefs, and may take evidence intended to show either (1) that the statutory procedure was not followed or (2) that the provisions of Section 3 were not met, or (3) that the provisions of Section 4 have not been met.

(g) The court may affirm the action of the governing body without change, or it may:

(1) Remand the ordinance to the municipal governing body for further proceedings if procedural irregularities are found to have materially prejudiced the substantive right of any of the petitioners.

(2) Remand the ordinance to the municipal governing body for amendment of the boundaries to conform to the provisions of Section 4 if it finds that the provisions of Section 4 have not been met; provided, that the court cannot remand the ordinance to the municipal governing body with directions to add area to the municipality which was not included in the notice of public hearing and not provided for in plans for service.

(3) Remand the report to the municipal governing body for amendment of the plans for providing services to the end that the provisions of Section 3 of this Act are satisfied.

If any municipality shall fail to take action in accordance with the court's instructions upon remand within three months from receipt of such instructions, the annexation proceeding shall be deemed null and void.

(h) Any party to the reviewing proceedings, including the munici-
pality, may appeal from the final judgment of the Superior Court under rules of procedure applicable in other civil cases. The appealing party
may apply to the Superior Court for a stay in its final determination, or a stay of the annexation ordinance, whichever shall be appropriate, pending the outcome of the appeal; provided, that the Superior Court; may, with the agreement of the municipality, permit annexation to be effective with respect to any part of the area concerning which no appeal is being made and which can be incorporated into the city without regard to any part of the area concerning which an appeal is being made.

(i) If part or all of the area annexed under the terms of an annexation ordinance is the subject of an appeal to the Superior or Appellate Court on the effective date of the ordinance, then the ordinance shall be deemed amended to make the effective date with respect to such area the date of the final judgment of the Superior or Appellate Court, whichever is appropriate, or the date the municipal governing body completes action to make the ordinance conform to the court's instructions in the event of remand.

Section 9. Annexation Recorded. Whenever the limits of a municipality are enlarged in accordance with the provisions of this Act, it shall

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be the duty of the mayor of the municipality to cause an accurate map of such annexed territory, together with a copy of the ordinance duly certified, to be recorded in the office of the registrar of deeds of the county or counties in which such territory is situate and in the office of the Secretary of State.

Section 10. Authorized Expenditures. Any municipality initiating annexations under the provisions of this Act is authorized to make expenditures for surveys required to describe the property under consideration or for any other purpose necessary to plan for the study and annexation of unincorporated territory adjacent to the municipality. In addition, following final passage of the annexation ordinance, the annexing municipality shall have authority to proceed with expenditures for
construction of water and sewer lines and other capital facilities and for any other purpose calculated to bring services into the annexed area in
an effective and expeditious manner prior to the effective date of annexation.

Section 11. Definitions. The following terms where used in this Act shall have the following meanings, except where the context clearly indicates a different meaning:

(a) "Contiguous area" shall mean any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right-of-way, a creek or river, the right-of-way of a railroad or other public service corporation, land owned by the city or some other political subdivision, or lands owned by the State of Georgia.

(b) "Used for residential purposes" shall mean any lot or tract five acres or less in size on which is constructed a habitable dwelling unit.

Section 12. Population and Land Estimates. In determining population and degree of land subdivision for purposes of meeting the requirements of Section 4 of this Act, the municipality shall use methods calculated to provide reasonably accurate results. In determining whether the standards set forth in Section 4 have been met on appeal to the Superior Court under Section 6 of this Act, the reviewing court shall accept the estimates of the municipality:

(a) As to population, if the estimate is based on the number of dwelling units in the area multiplied by the average family size in such area, or in the county or counties of which such area is a part, as determined by the last preceding Federal census; or if it is based on a new enumeration carried out under reasonable rules and regulations by the annexing municipality; provided, that the court shall not accept such estimates if the petitioner demonstrates that such estimates are in error in the amount of ten per cent (10%) or more.

(b) As to total area, if the estimate is based on an actual survey, or on county tax maps or records, or on aerial photographs, or on some other reasonably reliable map used for official purposes by a govern-

WEDNESDAY, FEBRUARY 11, 1970

771

mental agency, unless the petitioners on appeal demonstrate that such estimates are in error in the amount of five per cent (5%) or more.

(c) As to degree of land subdivision, if the estimates are based on an actual survey, or on county tax maps or records, or on aerial photographs, or on some other reasonably reliable source, unless the petitioners on appeal show that such estimates are in error in the amount of five per cent (5%) or more.

Section 13. Effect on Existing Law. It is declared to be the intention of the General Assembly in enacting this law to provide a method for annexing to municipalities areas which meet the legislative standards established by Section 4 hereof. This Act is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of not coming under the provisions of this Act, nor to limit in any way the authority of the General Assembly to provide alternative methods for extending municipal boundaries. Further, the provisions of this Act shall not affect legislation pending at the time this bill becomes law.

Section 14. A referendum may be held to ratify or reject the adoption of the annexation ordinance in the territory being annexed under the provisions of this law upon the following conditions:

(a) A petition requesting a referendum must be presented to the governing authority of the municipality within sixty (60) days of the adoption of the annexation ordinance.

(b) Said petition must be signed by twenty per cent (20%) of the registered voters residing in said territory being annexed on the date of the adoption of the resolution provided for in Section 5 (a).

Upon the receipt of a valid petition the governing authority of the city shall issue a call for a referendum to ratify or reject the adoption of the annexation ordinance, said referendum to be held not less than forty five (45) days nor more than sixty (60) days after the receipt of any such valid petition. Said referendum shall be held insofar as possible under the procedures set forth in the Georgia Municipal Election Code (Title 34A, Code of Georgia) for special elections. Only those registered voters residing in the proposed area to be annexed on the date of the adoption of the resolution provided for in Section 5 (a) shall vote in said referendum. If a majority of those voting, vote in favor, the area shall become a part of the corporate limits of the municipality but not otherwise.

Section 15. Repealer. All laws and parts of laws in conflict herewith are hereby repealed.

Senator Dean of the 6th offered the following amendment to the Committee substitute:

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Amend by inserting in the title immediately preceding the phrase "to repeal conflicting laws" the following:

"to provide for exceptions".

By renumbering Section 14 as Section 15.

By adding a new Section 14 to read as follows:

"Section 14. The provisions of this Act shall not apply to any territory which has been a part of a municipal corporation for three years immediately preceding the adoption of this Act and which has been or is in the process of being deannexed from the corporate limits of any such muncipal corporation."

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

Senator Andrews of the 49th offered the following amendment to the committee substitute:

Amend by striking from page 16, line 7 Section 14 the word "may" and inserting in lieu thereof the word "shall".

On the adoption of the amendment, the ayes were 40, nays 0, and the amendment to the committee substitute was adopted.
Senator Patton of the 40th offered the following amendment to the committee substitute:
Amend by amending Section 4 Sub. Par. A-4 Line 8 by adding another sentence to read:
"Where contracts now exist between counties and municipalities, both government entities must agree by mutual consent prior to annexation."
On the adoption of the amendment, the ayes were 37, nays 0, and the amendment to the committee substitute was adopted.
Senator Hensley of the 33rd offered the following amendment to the committee substitute:

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773

Amend by deleting the period after the word "municipality" in line 26, page 4 and by adding the following:

"or county."

On the adoption of the amendment, the ayes were 39, nays 0, and the amendment to the committee substitute was adopted.

Senator Tysinger of the 41st offered the following amendment to the committee substitute:
Amend by adding the following:
"Section 14. (c) If the majority of those voting, vote against the said referendum, a period of 2 years must elapse before annexation may be attempted again."

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the substitute as amended, 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 Adams of 26th
Bateman Broun of 46th Chapman Coggin Cox Pincher of 51st Pincher of 54th Garrard Gillis Hardy

Hensley Holley Holloway Johnson Kidd London McGill Padgett Patton Plunkett Riley Rowan

Scott Searcey Smalley Smith of 18th Starr Stephens Trippe Tysinger Vann Ward Zipperer

Those voting in the negative were Senators:

Adams of 5th Andrews Brown of 47th Carter Dean Doss Eldridge

Hill Hudgins Jackson Kennedy Miller Noble Pennington

Reeder Reynolds Smith of 34th Spinks Webb Young

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

On the adoption of the substitute, the ayes were 35, nays 20, and the substitute was adopted as amended.

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

On the passage of the bill, Senator 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 26th Bateman Broun of 46th Chapman Coggin Cox Fincher of 51st Fincher of 54th Garrard Gillis Hardy

Hensley Holley Holloway Johnson Kidd London McGill Padgett Patton Plunkett Eiley Rowan

Scott Searcey Smalley Smith of 18th Starr Stephens Trippe Tysinger Vann Ward Zipperer

Those voting in the negative were Senators:

Adams of 5th Andrews Brown of 47th Carter Dean Doss

Eldridge Hill Hudgins Jackson Kennedy Noble

Pennington Reeder Smith of 34th Spinks 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 by substitute.

WEDNESDAY, FEBRUARY 11, 1970

775

SB 282. By Senator Searcey of the 2nd:
A bill to amend an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and providing a new Criminal Code, so as to abolish the death penalty; 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 an Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal Code, approved April 10, 1968 (Ga. Laws 1968, p. 1249), as amended, so as to abolish the death penalty; to change the penalty; to change the punishment for crimes formerly punishable by death; 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 GEORGIA:
Section 1. An Act revising, classifying, consolidating and superseding the laws relating to crimes and the punishment therefor, and establishing new laws relating thereto, and providing for a new Criminal code, approved April 10, 1968, (Ga. Laws 1968, p. 1249), as amended, is hereby amended by striking Code Section 26-1101, relating to murder and the punishment therefor, which Code Section is quoted in Section 1 of said Act, in its entirety and inserting in lieu thereof a new Code Section 26-1101 to read as follows:
"26-1101. Murder (a) A person commits murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take away the life of a fellow creature, which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears, and where all the circumstances of the killing show an abandoned and malignant heart.
(b) A person also commits the crime of murder when in the commission of a felony he causes the death of another human being, irrespective of malice.
(c) A person convicted of murder shall be punished by imprisonment for not less than 99 years."
Section 2. Said Act is further amended by striking Code Section 26-1311, relating to kidnapping and the punishment therefor, which Code Section is quoted in Section 1 of said Act, in its entirety and inserting in lieu thereof a new Code Section 26-1311 to read as follows:

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"26-1311. Kidnapping (a) A person commits kidnapping when he abducts or steals away any person without lawful authority or warrant and holds such person against his will.

(b) A person over the age of 17 commits kidnapping when he forcibly, maliciously, or fraudulently leads, takes, or carries away, or decoys or entices away, any child under the age of 16 years against the will of the child's parents or other person having lawful custody.

A person convicted of kidnapping shall be punished by imprisonment for not less than one nor more than 20 years; Provided, that a person convicted of kidnapping for ransom shall be punished by imprisonment for not less than 99 years: Provided, further, that if the person kidnapped shall have received bodily injury, the person convicted shall be punished by imprisonment for not less than 99 years."

Section 3. Said Act is further amended by striking Code Section 26-2001, relating to rape and the punishment therefor, which Code Section is quoted in Section 1 of said Act in its entirety and inserting in lieu thereof a new Code Section 26-2001 to read as follows:

"26-2001. Rape A person commits rape when he has carnal knowledge of a female, forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. A person convicted of rape shall be punished by imprisonment for not less than 99 years. No person shall be had for rape on the unsupported testimony of the female."

Section 4. Said Act is further amended by striking Code Section 26-2201, relating to treason and the punishment therefor, which Code Section is quoted in Section 1 of said Act, in its entirety and inserting in lieu thereof a new Code Section 26-2201 to read as follows:

"26-2201. Treason A person owing allegiance to the State commits treason when he knowingly levies war against the State, adheres to her enemies, or gives them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court. When the overt act of treason is committed outside this State, the person charged therewith may be tried in any county in this State. A person convicted of treason shall be punished by imprisonment for not
less than 99 years."

Section 5. Said Act is further amended by striking Code Section 26-2401, relating to perjury and the punishment therefor, which Code Section is quoted in Section 1 of said Act, in its entirety and inserting in lieu thereof a new Code Section 26-2401 to read as follows:

"26-2401 Perjury A person to whom a lawful oath or affirmation has been administered commits perjury, when, in a judicial proceeding, he knowingly and willfully makes a false statement ma-

WEDNESDAY, FEBRUARY 11, 1970

777

terial to the issue or point in question. A person convicted of perjury shall be punished by a fine of not more than $1,000 or by imprisonment for not less than one nor more than 10 years, or by both. A person convicted of perjury that was a cause of another's being convicted of an offense punishable by imprisonment for not less than 99 years shall be punished by imprisonment for not less than 99 years."

Section 6. Said Act is further amended by striking Code Section 26-1902, relating to armed robbery and the punishment therefor, which Code Section is quoted in Section 1 of said Act, in its entirety and inserting in lieu thereof a new Code Section 26-1902 to read as follows:

"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. The offense of robbery by intimidation shall be a lesser included offense in the offense of armed robbery. A person convicted of armed robbery shall be punished by imprisonment for not less than 99 years."

Section 7. Said Act is further amended by striking Code Section 26-3301, relating to aircraft hijacking and the punishment therefor, which Code Section is quoted in Section 1 of an Act approved April 25, 1969 (Ga. L. 1969, p. 741), in its entirety and inserting in lieu thereof a new Code Section 26-3301 to read as follows:

"26-3301. Definition; punishment; continuing offense; jurisdiction. A person commits hijacking of an aircraft when he (1) by use of force; or (2) by intimidation, by the use of threats or coercion, places the pilot of an aircraft in fear of immediate serious bodily injury to himself or to another, causes the diverting of an aircraft from its intended destination to a destination dictated by such person. A person convicted of hijacking an aircraft shall be punished by imprisonment for not less than 99 years. The offense of hijacking is declared to be a continuing offense 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."

Section 8. Said Act is further amended by repealing Code Section 26-3102, relating to the jury verdict and sentencing on capital offenses, which Code Section is quoted in Section 1 of said Act in its entirety.

Section 9. After the approval of this Act by the Governor, or after it otherwise becomes law without his approval, it shall be the duty of the Secretary of State to issue the call for an election for the purpose of
submitting this Act to the voters of the State of Georgia for approval or rejection. The Secretary of State shall set the date of such election for November 3, 1970. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in one newspaper of general circulation in each Congressional District of this State. The ballot shall have written or printed thereon the words:

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"For approval of the Act abolishing the death penalty in the State of Georgia."

"Against approval of the Act abolishing the death penalty in the State of Georgia."

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 upon the certification of the results of the election to the Governor, as hereinafter provided, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the State of Georgia from funds appropriated or otherwise available to the legislative branch of government. The election provided for herein shall be held and the results thereof shall be tabulated, computed, canvassed and certified in accordance with the applicable provisions of the Georgia Election Code, as amended. Upon the consolidation of the returns of said election, the Secretary of State shall certify the results thereof to the Governor who shall issue his proclamation thereon.

Section 10. The provisions of this Act shall become effective January 1, 1971, if approved in the referendum as provided herein.

Section 11. All laws and parts of laws in conflict with this Act are hereby repealed.

The President resumed the Chair.

Senator Andrews of the 49th offered the following amendment to the committee substitute:
Amend by renumbering Section 9 as Section 10, Section 10 as Section 11, and Section 11 as Section 12; and by adding a new Section 9 to read as follows:
"Section 9. The within provisions of law shall be applicable in all instances except the unlawful killing of a police officer, peace officer or prison guard. The punishment for such killing shall be death by electrocution or life imprisonment, upon the recommendation of a jury."

On the adoption of the amendment, the ayes were 35, nays 5, and the amendment to the committee substitute was adopted.

On the adoption of the substitute as amended, Senator Andrews of the 49th called for the ayes and nays, and the call was sustained.

WEDNESDAY, FEBRUARY 11, 1970

779

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Andrews Bateman Chapman Coggin Dean Eldridge

Johnson Kidd London Plunkett Rowan Searcey

Smalley Stephens Tysinger Walling Ward Webb

Those voting in the negative were Senators:

Abney Adams of 5th Adams of 26th Broun of 46th Brown of 47th Carter Cox Doss Fincher of 51st Fincher of 54th Garrard Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Kennedy
McGill Miller Noble Padgett Patton Pennington

Reeder Reynolds Riley Scott Smith of 34th Spinks Starr Trippe Vann Young Zipperer

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

On the adoption of the substitute as amended, the ayes were 18, nays 37, and by substitute, was agreed to.

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

On the passage of the bill, senators 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 Chapman Dean Eldridge Johnson

Kidd London Plunkett Rowan Searcey

Smalley Stephens Walling Ward Webb

780

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Abney Adams of 5th Adams of 26th Bateman Broun of 46th Brown of 47th Carter Coggin Cox Doss
Fincher of 51st Fincher of 54th Garrard

Gillis Hardy Hensley Holley Holloway Hudgins Jackson Kennedy McGill Miller
Noble Padgett Patton

Pennington Eeeder Reynolds Riley Scott Smith of 34th Spinks Starr Trippe Tysinger
Vann Young Zipperer

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

On the passage of the bill, the ayes were 15, nays 39.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Garrard of the 37th moved that the following resolution of the Senate be removed from the table:

SR 225. By Senators Garrard of the 37th and Patton of the 40th:
A resolution proposing an amendment to the Constitution so as to provide the procedures whereby in all counties having a population in excess of 600,000 there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of each county comprising the county site of each such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

On the motion, Senator Garrard of the 37th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 5th Adams of 26th Bateman Fincher of 51st Garrard Hardy Hensley

Holley McGill Miller Noble Patton Reader Reynolds

Riley Stephens Trippe Tysinger Webb Younjj

WEDNESDAY, FEBRUARY 11, 1970

781

Those voting in the negative were Senators:

Abney Andrews Carter Chapman Coggin Cox Dean Doss Eldridge Hudgins

Jackson Johnson Kennedy Kidd London Padgett Pennington Rowan Scott Searcey

Smalley Smith of 18th Smith of 34th
Spinks Starr Vann Ward Zipperer

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

On the motion, the ayes were 20, nays 28; the motion was lost, and SR 225 was not removed from the table.

The following bill of the Senate was taken up for the purpose of considering House action 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 limitation on the number of motor vehicles which may be purchased; to repeal conflicting laws; and for other purposes.
Senator Coggin of the 35th moved that the Senate adhere to its disagreement to the House amendment, and that a Conference Committee be appointed.

On the motion, the ayes were 35, nays 1; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 193.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Coggin of the 35th, Smith of the 18th and Riley of the 1st:
At the direction of the President, Senator Hill of the 29th, assumed the Chair.
The following resolutions of the Senate and House were read and adopted:

782

JOURNAL OP THE SENATE,

SR 285. By Senators Kennedy of the 4th, Cox of the 21st, Gillis of the 20th and others:
A resolution congratulating Miss Luck Hendrix; and for other purposes.

HR 746. By Mr. Housley of the 117th:
A resolution commending the Lockheed-Georgia Company; and for other purposes.

SR 290. By Senator Johnson of the 38th:
A resolution commending and congratulating the Honorable Donn Clendenon for his athletic abilities and accomplishments, for his managerial skills and for being a devoted father and husband; and for other purposes.

Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills 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 395. SB 401. SB 402.
Respectfully submitted, Eldridge of the 7th District, Chairman.

Senator Fincher of the 51st moved that the Senate do now adjourn until :30 o'clock A. M. tomorrow, and the motion prevailed.

The Chair announced the Senate adjourned until 8:30 o'clock A. M. tomorrow.

THURSDAY, FEBRUARY 12, 1970

783

Senate Chamber, Atlanta, Georgia Thursday, February 12, 1970

The Senate met pursuant to adjournment at 8:30 o'clock A. M. today, and was called to order by the President Pro Tempore, Senator Gillis of the 20th.

Senator Doss of the 52nd 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 Chair announced as the doctor of the day, Dr. Robert T. Klingbeil.

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

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

784
Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds Riley

JOURNAL OF THE SENATE,

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens

Trippe Tysinger Vann Walling Ward Webb Young Zipperer

Scripture reading was offered by Reverend James Webb, pastor, St. Paul Methodist Church, Columbus, Georgia.

Prayer was offered by Dr. Othell Hand, pastor, First Baptist Church, Columbus, Georgia.

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 1154. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th and Phillips of the 38th:
A bill to amend an Act creating a new charter for the City of West Point, in the County of Troup, so as to change the corporate limits of the City of West Point; and for other purposes.

HB 1209. By Mr. Brantley of the 114th:
A bill to amend an Act establishing a new charter for the City of Alpharetta, so as to change the terms of office of the Mayor, the Council, and City Recorder; and for other purposes.

HB 1423. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the name of said court to the "Civil and Criminal Court of Worth County" and to provide that said court shall have jurisdiction to try and dispose of certain cases; and for other purposes.

HB 1495. By Messrs. Russell and Keyton of the 70th:
A bill to provide for a Board of Commissioners of Thomas County; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

785

HB 1508. By Mr. Gunter of the 6th:
A bill to abolish the present mode of compensating the ordinary of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1516. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens County, so as to add an additional member to the Board of Commissioners; and for other purposes.

HB 1517. By Mr. Grahl of the 40th: A bill to provide for two additional members of the Board of Education of Peach County; and for other purposes.
HB 1518. By Messrs. Brown and Melton of the 32nd: A bill to amend an Act creating a new charter for the City of Griffin, so as to increase the members of the board of commissioners for said city; and for other purposes.
HB 1562. By Mr. Bray of the 31st: A bill to amend an Act incorporating the City of Woodbury so as to change the corporate limits of said city; and for other purposes.
SB 344. By Senator Kidd of the 25th: A bill abolishing the fee system of compensating the Sheriff of Baldwin County and providing a salary in lieu thereof; so as to change the compensation of the Sheriff and to provide for automatic raises; and for other purposes.

SB 345. By Senator Kidd of the 25th:
A bill abolishing the fee system of compensating the tax collector and tax receiver of Baldwin County and providing annual salaries in lieu thereof; and for other purposes.

SB 346. By Senator Kidd of the 25th:
A bill placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation; so as to change the compensation of said ordinary and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.

786

JOURNAL OF THE SENATE,

SB 367. By Senator Kidd of the 25th:
A bill to increase the membership of the Board of Education of Baldwin County by two members; and for other purposes.

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

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.

HB 786. By Mrs. Hamilton of the 112th:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to vacancies occurring in the Board of Aldermen and the Board of Education; and for other purposes.

HB 1077. By Mr. Harris of the 77th:
A bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that within a specified time limitation any Superior Court Judge who had elected to have his widow receive certain benefits to which he would have been entitled may rescind said action and be reimbursed for any contributions; and for other purposes.

HB 1085. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Department of Public Safety, so as to change the rank and pay of the Driver's License Bureau Supervisor; and for other purposes.
HB 1096. By Messrs. Simkins of the 78th, Sherman of the 80th, Barfield of the 71st and Maxwell of the 78th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the issuance of a certificate of title for salvage military or government surplus vehicles, trucks or trailers, and industrial vehicles, trucks and trailers; and for other purposes.

HB 1321. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st and Wamble of the 69th:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the provisions relating to

THURSDAY, FEBRUARY 12, 1970

787

credits and exemptions of hospitals and hospital authorities; and for other purposes.

HB 1322. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st, Peters of the 2nd, Bennett of the 71st and Wamble of the 69th:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales of water; and for other purposes.

HB 1324. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which shall be designated, entitled and known as Section 91-104A.-2 "Procedure that shall be followed by the State Properties Control Commission when the commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any land and all property not included within the definitions of property as defined in Section 91-102A"; and for other purposes.

HB 1325. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which said new section shall be designated, entitled and known as Section 91-104A.-1 "Additional Discretionary Powers of the State Properties Control Commission"; and for other purposes.

HB 1384. By Mr. Pickard of the 84th:
A bill to amend an Act regulating intrastate pipeline systems in the State of Georgia, so as to give the Georgia Public Service Commission power and authority to enforce the provisions of this Act by civil monetary penalties and injunctions; and for other purposes.

HB 1388. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Carnes of the 104th, Ezzard of the 102nd and others:
A bill to amend an Act authorizing the Clerk of the Superior Court of any County of the State to install and use photostatic equipment or other photographic equipment, so as to authorize the Ordinary of any county to install and use similar equipment; and for other purposes.

HR 624. By Messrs. Farrar of the 77th and Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase

788

JOURNAL OF THE SENATE,

of the benefits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System 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 384. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to amend an Act known as the "Urban Redevelopment Law", so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; and for other purposes.

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

SB 383. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A bill to amend the Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes.

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 228. By Mr. Gignilliat of the 89th and Mr. Battle of the 90th: A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.
The House recedes from 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, approved Jan. 3, 1938 (Ga. L. 1937-38, p. 77), as amended, so as to remove the limitation on the

THURSDAY, FEBRUARY 12, 1970

789-

number of motor vehicles which may be purchased; 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 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 1246. By Mr. Moate of the 28th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 7,400 and not more than 7,900; toprescribe the pleading and practice in said court; and for other purposes.

HB 1331. By Mr. Moore of the 6th:
A bill to amend an Act placing the Sheriff of Stephens County on an annual salary, so as to change the compensation of the Sheriff, his deputies and his clerk; and for other purposes.

HB 1332. By Mr. Moore of the 6th:
A bill to fix the compensation of the clerk of the superior court of Stephens County; to provide that all fees, commissions and other compensation be paid to the Board of Commissioners of Stephens County; and for other purposes.

HB 1333. By Mr. Moore of the 6th:
A bill to abolish the present mode of compensating the ordinary of Stephens County, known as the fee system; to provide in lieu thereof annual salary for such officer; and for other purposes.

The House has agreed to the Senate substitutes to the following bills of the House, to-wit:

HB 1029. By Messrs. Thompson of the 85th, Thompson of the 86th, Buck and Jones of the 84th:
A bill to amend an Act known as the "Georgia Civil Practice Act", SO' as to do away with the requirement that the court shall find facts.

790

JOURNAL OF THE SENATE,

specially and state separately its conclusions of law thereon when an uncontested divorce forms the sole basis of the action; and for other purposes.

HB 1247. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill creating the Department of Revenue and the office of State Revenue Commissioner, so as to provide for the office and appointment of one Deputy State Revenue Commissioner; to provide for the qualifications, oath, salary and duties of the Deputy State Revenue Commissioner; and for other purposes.

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

HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th and others:
A bill to provide that standards for certain factory built housing prototypes, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for any county or municipality of this State; and for other purposes.

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

SB 529. By Senator Holley of the 22nd:
A bill to amend Code Section 24-2715, relating to duties of the Clerks of Superior Courts and Clerks of City Courts, as amended, so as to authorize Clerks of the Superior and City Courts to destroy original pleadings in cases that have been voluntarily dismissed after a period of five years from dismissal; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 530. By Senator Smith of the 34th:
A bill to require all municipalities with populations of 400,000 or more to sell water at cost; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 531. By Senator Johnson of the 38th:
A bill to amend an Act granting to incorporated municipalities of this State having a population of more than 300,000, according to the last

THURSDAY, FEBRUARY 12, 1970

791

or any future Federal Decennial Census, certain basic powers, including powers to require the repair, closing or demolition of certain dwellings, buildings or structures, and for other purposes, so as to provide that the provisions of said Act shall also apply to private property where an accumulation of weeds, trash, junk, filth, shall create a public health hazard or a general nuisance to those persons residing in the vicinity; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 532. By Senator Johnson of the 38th:
A bill to authorize municipal corporations in this State having a population of more than 400,000 according to the last or any future Federal Decennial Census, to become self insurers under the provisions of Georgia Code Annotated, Section 56-2437, to limit the amounts and coverages of self insurance so provided, to provide that certain liability or damages, or liability or damages in certain amounts, shall not be covered or insured; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 533. By Senator Johnson of the 38th:
A bill to amend Chapter 23 of The Code of Georgia of 1933, as amended, relating to surety bonds for public contractors, so as to increase the total amount of the contract price where such bonds shall be required from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00); to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.
SB 534. By Senator Johnson of the 38th:
A bill to amend an Act to create a system of traffic courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000 by the Federal Census of 1960, so as to allow the governing authority to provide for determination of the number and the civil service status of certain employees of the traffic court; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.
SB 535. By Senator Kidd of the 25th:
A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to add two more trustees to said Board from the membership of the Mayor and Aldermen of the City of Milledgeville, and to provide methods for filling the positions created; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

792

JOURNAL OF THE SENATE,

SB 536. By Senator Kidd of the 25th:
A bill to amend an Act causing and establishing a new charter for the City of Milledgeville, as amended, so as to provide that the Mayor and Aldermen of the City of Milledgeville shall elect from their own membership 2 members to the 8th and 9th positions on the Board of Trustees of Georgia Military College, which two members shall hold said positions until their respective terms of office shall expire; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 537. By Senator Adams of the 5th:
A bill to amend an Act consolidating and amending the several Acts incorporating the City of Brunswick, so as to delete the requirement that non-returned personal property shall be taxed at double the assessed value; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

.SB 538. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 539. By Senator Johnson of the 38th:
A bill to amend Georgia Code Chapter 61-3 regarding proceedings against tenants holding over, so as to provide for certain procedural and substantive changes; and for other purposes.
Referred to Committee on Judiciary.

:SR 286. By Senator Kidd of the 25th:
A resolution creating the Joint Committee to oversee the auditing of the investments of the Employees' Retirement System and Teachers' Retirement System; and for other purposes.
Referred to Committee on Rules.

SR 287. By Senators Abney of the 53rd and Coggin of the 35th:
A resolution proposing an amendment to the Constitution, so as to authorize any Governor to succeed himself; and for other purposes.
Referred to Committee on Judiciary.

THURSDAY, FEBRUARY 12, 1970

793

SR 289. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the City of Perry to grant to certain persons who are 65 years of age or over with limited income an exemption of $2,000.00 from ad valorem taxation on such person's homestead; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 291. By Senator Hill of the 29th:
A resolution creating the "Cattle Branding Laws Study Committee"; i and for other purposes.
Referred to Committee on Rules.

SR 292. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to establish taxing districts within one or more contiguous counties of the State of Georgia and to provide that counties within such districts may provide certain services and to authorize such counties to levy a tax only upon taxable property within such districts for the purpose of constructing and maintaining facilities; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on Banking and Finance.

SR 294. By Senator McGill of the 24th: A resolution authorizing and directing, subject to the prior consent of the State Properties Control Commission, the Governor to transfer by Executive Order the custody, control and jurisdiction of 900 acres, more or less, of State owned real property in Hart County, from the State Properties Control Commission to the State Game and Fish Commission; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.
The following bills and resolution of the House were read the first time and referred to committees:
HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th: A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

794

JOURNAL OF THE SENATE,

HB 786. By Mrs. Hamilton of the 112th:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to vacancies occurring in the Board of Aldermen and the Board of Education; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1077. By Mr. Harris of the 77th:
A bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that within a specified time limitation any Superior Court Judge who had elected to have his widow receive benefits to which he would have been entitled may rescind said action and be reimbursed for any contributions; and for other purposes.
Referred to Committee on Retirement.
HB 1085. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Department of Public Safety, so as to change the rank and pay of the Driver's License Bureau Supervisor; and for other purposes.
Referred to Committee on Highways.
HB 1096. By Messrs. Simkins of the 78th, Sherman of the 80th, Barfield of the 71st and Maxwell of the 78th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the issuance of a certificate of title for salvage military or government surplus vehicles, trucks or tarilers, and industrial vehicles, trucks and trailers; and for other purposes.
Referred to Committee on Banking and Finance.
HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A bill to provide that standards for certain factory built housing prototypes, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards of such factory built housing, for any county or municipality of this State; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

THURSDAY, FEBRUARY 12, 1970

795

HB 1154. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th and Phillips of the 38th:
A bill to amend an Act creating a new charter for the City of West Point, in the County of Troup, so as to change the corporate limits of the City of West Point; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1209. By Mr. Brantley of the 114th:
A bill to amend an Act establishing a new charter for the City of Alpharetta, so as to change the terms of office of the Mayor, the Council, and City Recorder; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1321. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st and others:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the provisions relating to credits and exemptions of hospitals and hospital authorities; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1322. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th and others:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales of water; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1324. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the Code which shall be designated, and known as Section 91-104A.-2 "Procedure that shall be followed by the State Properties Control Commission when the commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any land and all property not included within the definitions of property as defined in section 91-102A"; and for other purposes.
Referred to Committee on Public Utilities and Transportation.
HB 1325. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which said new sec-

796

JOURNAL OF THE SENATE,

tion shall be designated, and known as Section 91-104A.-1 "Additional Discretionary Powers of the State Properties Control Commission"; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 1384. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th:
A bill to amend an Act regulating intrastate pipeline systems in the State of Georgia, so as to give the Georgia Public Service Commission power and authority to enforce the provisions of this Act by civil monetary penalties and injunctions; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HB 1388. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Carnes of the 104th, and others:
A bill to amend an Act authorizing the Clerk of the Superior Court of any County of the State to install and use photostatic equipment or other photographic equipment, so as to authorize the Ordinary of any county to install and use similar equipment; and for other purposes.
Referred to Committee on Judiciary.

HB 1423. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the name of said court to the "Civil and Criminal Court of Worth County" and to provide that said court shall have jurisdiction to try and dispose of certain criminal cases; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1495. By Messrs. Russell and Keyton of the 70th:
A bill to provide for a board of Commissioners of Thomas County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1508. By Mr. Gunter of the 6th:
A bill to abolish the present mode of compensating the ordinary of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to Committee on County and Urban Affairs.

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797

HB 1516. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens County, so as to add an additional member to the Board of Commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1517. By Mr. Grahl of the 40th:
A bill to provide for two additional members of the Board of Education of Peach County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1518. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act creating a new charter for the City of Griffin, so as to increase the members of the board of commissioners for said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1562. By Mr. Bray of the 31st:
A bill to amend an Act incorporating the City of Woodbury so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 624. By Messrs. Farrar of the 77th and Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of the benefits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia; and for other purposes.
Referred to Committee on Retirement.

The following bills and resolutions of the Senate and House were read the second time:

SB 515. By Senator London of the 50th:
A bill to create a Board of Commissioners of White County to consist of a Chairman and two other members; to provide for the election of the members of said Board of Commissioners and for their terms of office; to repeal conflicting laws; and for other purposes.

798

JOURNAL OF THE SENATE,

SB 516. By Senators Hensley of the 33rd and Rowan of the 8th:
A bill to prohibit any person, firm or corporation from using coercive techniques against certain persons, firms or corporations; to define terms; to repeal conflicting laws; and for other purposes.

SB 517. By Senator Adams of the 26th:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to change the amount which may be charged in addition to the maximum service charge on a premium finance agreement; to repeal conflicting laws; and for other purposes.

SB 518. By Senators Coggin of the 35th and Padgett of the 23rd:
A bill to amend Code Section 27-2506, defining punishment for misdemeanors, as amended, so as to redefine the punishment for misdemeanors; to provide that the sentencing courts shall retain jurisdiction, over certain sentences; to repeal conflicting laws; and for other purposes.

SB 519. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, as amended, so as to change the corporate limits; to repeal conflicting laws; and for other purposes.

SB 520. By Senator Reyonlds of the 48th:
A bill to amend an Act creating a new charter of the Town of Maysville, as amended, so as to increase the term of office of mayor and aldermen from one year to two years; to repeal conflicting laws; and for other purposes.

SB 521. By Senators Holley of the 22nd, Trippe of the 31st and Coggin of the 35th:
A bill to amend Code Section 57-101, relating to the legal rate of interest, so as to increase the maximum rate of interest specified in writing from 8 to 10%; to repeal conflicting laws; and for other purposes.
SB 522. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 13-204.1 which prohibits a bank from conducting a banking business in this State except on the premises of the place of business, so as to prohibit a bank from conducting a banking business off the premises by such means as receptacles for the receipt of deposits, armored car messenger service and loan production offices; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

799

SB 523. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Title 13, known as the "Banking Laws" of Georgia, as amended, so as to change the fee for filing an application with the Secretary of State for a bank charter; to repeal conflicting laws; and for other purposes.

SB 524. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 109-405, relating to fees payable to the Secretary of State by a banking company filing a petition for an amendment to its charter, so as to change the filing fee; to repeal conflicting laws; and for other purposes.

SB 525. By Senator Spinks of the 9th:
A bill to create the agency of State government to be known as the Georgia Agrirama; to provide that the agency shall be under the direction of the Governor; to provide for a three member board of advisors; to repeal conflicting laws; and for other purposes.

SB 526. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta"; to repeal conflicting laws; and for other purposes.

SB 527. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta passed December 15, 1871, and Acts amendatory thereof; and for other purposes"; and for other purposes.

SB 528. By Senator McGill of the 24th:
A bill to provide that county public works camps in counties with populations of not less than 10,600 nor more than 11,000, shall not be affected by certain rules and regulations; to repeal conflicting laws; and for other purposes.

SR 280. By Senators Patton of the 40th and Pennington of the 45th:
A resolution authorizing and directing the State Highway Department to determine the boundaries of certain rights-of-way along Roswell Road in Fulton County, which are surplusage, and authorizing and directing the Governor to deed the said surplusage to adjoining landowners; and for other purposes.

800

JOURNAL OF THE SENATE,

SR 281. By Senator Fincher ol the 51st:
A resolution accepting the bid of Downtown Development Corporation F. M. Air Rights Company, and City Center, Inc., a Joint Venture Partnership, For the Lease of the Air Rights above the property owned by the State of Georgia commonly referred to and known as the "Atlanta Union Passenger Station"; and for other purposes.

SR 283. By Senator Johnson of the 38th:
A resolution creating a "Fulton County Judicial Study Commission''; and for other purposes.

SR 284. By Senator Broun of the 46th:
A resolution proposing an amendment to the Constitution so as to create an instrumentality to be known as the "Athens Public Facilities Authority"; and for other purposes.

HB 1265. By Mr. Moore of the 6th:
A bill to amend an Act creating the office of Tax Commissioner of Stephens 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 1452. By Mr. Gunter of the 6th:
A bill to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for certain counties comprising said circuit; and for other purposes.

HB 1461. By Mr. Harrison of the 66th:
A bill to create the Charlton County Historical Commission; and for other purposes.

HB 1462. By Mr. Harrison of the 66th:
A bill to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to authorize and empower the City of Folkston to abandon and close by ordinance portions, of certain city streets and alleys; and for other purposes.

HB 1463. By Mr. Harrison of the 66th:
A bill to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the Mayor and Councilmen to designate the depository for said City; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

801

HB 1465. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Carnes of the 104th and others:
A bill to amend an Act creating the Civil Service Board in Pulton County, so as to provide that no prior residence in Fulton County shall be required for employment in the classified service; and for other purposes.

HB 1467. By Messrs. Gaynor of the 88th, Ellis of the 91st, Gignilliat of the 89th, Jones of the 87th, Funk of the 92nd and others:
A bill to amend an Act providing that the Board of Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide for a ninth member to said Board, who shall have a four-year term of office; and for other purposes.

HB 1469. By Messrs. Carnes of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th and others:
A bill to provide that in all counties having a population of 500,000 or more exclusive original jurisdiction over juveniles shall be exercised by the Domestic Relations Division of the Superior Court; and for other purposes.

HB 1471. By Messrs. Phillips and Johnson of the 29th:
A bill to authorize the governing authorities of certain counties to create electrical examining boards for the purpose of examining applicants prior to issuing a license authorizing persons to engage in electrical contracting work within such counties; and for other purposes.

HB 1474. By Mr. Brooks of the 17th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, so as to change the additional funds such officer shall receive to compensate deputies; and for other purposes.

HB 1475. By Mr. Brooks of the 17th:
A bill to amend an Act incorporating the City of Arnoldsville, so as to change the corporate limits of said city; and for other purposes.

802

JOURNAL OF THE SENATE,

HB 1477. By Messrs. Bell and Morris of the 73rd, Jordan of the 74th, Dean of the 76th and others:
A bill to amend an Act creating a Board of Commissioners of DeKalb County, so as to increase the number of the members of the Board of Commissioners of DeKalb County; and for other purposes.

HB 1482. 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 authorize the City of Albany to provide for the regulation and impoundment of animals; and for other purposes.

HB 1483. By Messrs. Miller of the 83rd, Dodson of the 82nd, Keen, Knapp and Scarborough of the 81st:
A bill to amend an Act establishing the State Court of Bibb County, 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 1487. By Messrs. Bohannon and Patter son of the 20th:
A bill to amend an Act incorporating the Town of Bowdon, so as to add to the corporate limits of the Town of Bowdon certain tracts of land; and for other purposes.

HB 1488. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A bill to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

HB 1491. By Mr. Jones of the 59th:
A bill to amend an Act creating a new charter for the City of Hinesville, so as to change the corporate limits of said city; and for other purposes.

HB 1498. By Mr. Brooks of the 17th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Madison County, so as to change the provisions relating to employment of personnel by said board of commissioners; and for other purposes.

HB 1499. By Mr. Lewis of the 37th:
A bill to provide that the boards of education of certain counties shall expend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with any order of any Federal Court; and for other purposes.

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803

HB 1502. By Mr. Colwell of the 5th:
A bill to create the Union County Industrial Development Authority; and for other purposes.

HB 1503. By Mr. Colwell of the 5th: A bill to abolish the present mode of compensating the Ordinary of Union County, known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other purposes.
HB 1507. By Messrs. Miles and Simkins of the 78th, Connell of the 79th, Sherman and DeLong of the 80th: A bill to authorize the coroners of certain counties to appoint assistants; and for other purposes.
HB 1510. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County, so as to change the provisions relating to the compensation of the assistants for the Tax Commissioner; and for other purposes.
HB 1511. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the Deputy Clerk, the Docket Clerk, and typist; and for other purposes.
HB 1512. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County, so as to change the compensation of the clerical employee; and for other purposes.
HB 1513. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act changing the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the additional compensation of the Jailer to cover meals; and for other purposes.
HB 1514. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the clerical assistants; and for other purposes.

804

JOURNAL OF THE SENATE,

HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th, and others:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to exhaust systems, brakes and windshield wipers; and for other purposes.

HB 695. By Messrs. Battle of the 90th, Patterson of the 20th, Gary of the 21st, Dickinson of the 118th, and others:
A bill to provide for the settlement of disputes concerning wages and rate of pay and other terms and conditions of employment of employees of fire departments; and for other purposes.

HB 1043. By Mr. Gaynor of the 88th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Section, shall apply; and for other purposes.

HB 1206. By Mr. Busbee of the 61st:
A bill to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.

HB 1282. By Messrs. Hawes and Felton of the 95th, Jones of the 84th, Bray of the 31st, and others:
A bill to require that the Department of Archives and History make certain of its facilities available for the use of the general public on certain Saturdays; and for other purposes.

HB 1354. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th and others:
A bill to amend Code Section 79A-905, relating to seizure of certain drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise; and for other purposes.

HB 1357. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st and others:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to authorize the Board to compile, publish

THURSDAY, FEBRUARY 12, 1970

805

and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons or which have the potential for abuse, and a description of same; and for
other purposes.

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th:
A bill to amend Code Section 79A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered paragraph of this Section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; and for other purposes.

HB 1390. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, and others:
A bill to authorize the State Department of Archives and History to study the problem of record-keeping in Fulton County and to make recommendations to the governing authorities and the various officers and department heads of Fulton County and to make recommendations on the reduction and management of records; and for other purposes.

HB 1391. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Hawes of the 95th and others:
A bill to amend an Act to provide a uniform County Commissioners law for such counties as may require a Commission form of government, so as to provide that no person shall be County Manager before he shall have attained his twenty-fifth birthday; and for other purposes.

HB 1287. By Messrs. Jordan of the 74th and Wheeler of the 18th:
A bill to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses- or sunglasses are fitted with heat treated glass lenses, plastic lenses or laminated lenses; and for other purposes.

HB 1301. By Mr. Conger of the 68th:
A bill to reenact Section 13 of an Act approved March 9, 1945 entitled "An Act creating the State Ports Authority"; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this state, terminal facilities of all kinds; and for other purposes.

HB 1340. By Messrs. Phillips of the 50th and Barber of the 15th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that in each local school system

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JOURNAL OF THE SENATE,

the pupil-teacher ratio for first grade shall not be allowed to exceed 25 pupils per teacher; and for other purposes.

HB 1352. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug, so as to delete all references to Chapters 79A-8 and 79A-9, thus permitting punishment for violations of said Chapters to be governed by Code Sections 79A-9911 and 79A-9915; and for other purposes.

HB 1353. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide that the manufacture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide shall be a felony and be punished by a fine of not more than $2,000 and by imprisonment in the penitentiary for not less than two nor more than five years; and for other purposes.

HR 524. By Messrs. Hudson of the 48th, Douglas of the 42nd, Matthews of the 63rd, Reaves of the 71st and Wheeler of the 57th:
A resolution requesting relief from the Farmers Home Administration of the U. S. Department of Agriculture; and for other purposes.

HR 668. By Messrs. Harrington and Chandler of the 34th:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Milledgeville, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Baldwin County; and for other purposes.

HR 672. By Messrs. Roach and Harris of the 10th:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Cherokee County; and for other purposes.
HR 725. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers vested in

THURSDAY, FEBRUARY 12, 1970

807

said governing authority and to provide penalties for violation of such ordinances; and for other purposes.

HR 726. By Messrs. Wilson, Kreeger, Burruss, Atherton, McDaniell, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements; and for other purposes.

HR 727. By Messrs. Wilson, Kreeger, Burruss, McDaniell, Atherton, Henderson and Housley of the 117th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county; and for other purposes.

HB 1087. By Mr. Buck of the 84th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

HB 1088. By Mr. Buck of the 84th:
A bill to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to add Judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' Retirement System; and for other purposes.

HB 1363. By Messrs. Odom and Lee of the 61st, Nunn of the 41st and others:
A bill to create a division of the Department of Law to be known as the Georgia Bureau of Investigation; to state a legislative intent; and for other purposes.

HB 1481. By Mr. McClatchey of the 113th:
A bill to amend an Act providing for the establishment, maintenance and administration of common trust funds by trust institutions, so as to amend the definition of common trust fund; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1524. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, so as to provide that no member of the commission may contract with or sell to the city; and for other purposes.

The following reports of standing committees were read by the Secretary:

Senator Pennington of the 45th District, Chairman of the Committee on Agriculture & Natural Resources, submitted the following report:
Mr. President:
Your Committee on Agriculture & Natural Resources 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:
SB 525. Do pass as amended. HR 524. Do pass. HR 761. Do pass.
Respectfully submitted, Pennington of 45th District, Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:

SB 515. Do pass.

SB 519. Do pass.

SB 520. HB 1093. HB 1265.

Do pass. Do pass as amended. Do pass.

HB 1452. Do pass.

HB 1467. Do pass. HB 1471. Do pass.

THURSDAY, FEBRUARY 12, 1970

809

HB 1474. Do pass.

HB 1475. Do pass.

HB 1482. Do pass.

HB 1483. Do pass.

HB 1487. Do pass.

HB 1488. Do pass.

HB 1491. Do pass.

HB 1502. Do pass.

HB 1503. Do pass.

HB 1507. Do pass.

HB 1510. Do pass as amended.

HB 1511. Do pass.

HB 1512. Do pass.

HB 1513. Do pass.

HB 1514. Do pass.

SR 284. Do pass.

HR 680. Do pass by substitute.

HR 725. Do pass.

?s8^.

HR 726. Do pass.

HR 727. Do pass.

. : .".-..

Respectfully submitted,

Brown of 47th 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 Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 407. Do pass by substitute.
Respectfully submitted, Smith of 18th District,
Chairman.

810

JOURNAL OF 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 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 467. Do pass as amended. SB 468. Do pass. SB 512. Do pass. SR 274. Do pass. HB 1136. Do pass. HB 1147. Do pass. HB 1301. Do pass. HR 560. Do pass.
Respectfully submitted, Smith of 18th District, Chairman.

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 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 276. Do pass. HB 1340. Do pass. HR 625. Do pass.

Respectfully submitted, Andrews of 49th District, Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, submitted the following report:

THURSDAY, FEBRUARY 12, 1970

811

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 1071. Do pass.
HB 1102. Do pass. Respectfully submitted,
Hensley of 33rd 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 bill and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 272. Do pass. HB 1052. Do pass by substitute.
Respectfully submitted, Smalley of 28th 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 417. Do not pass. SB 447. Do not pass. SB 463. Do not 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:

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JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Public Utilities and Transportation 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:
HB 1084. Do pass.
SR 281. Do pass.
Respectfully submitted,
Fincher of 51st District,
Chairman.

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

SB 494. By Senator London of the 50th:
A bill to create a board of commissioners of Towns County; to provide for commissioner districts; 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 495. By Senator London of the 50th:
A bill to amend an Act creating a new charter for the City of Young Harris, as amended, so as to change the date of elections in said city; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

THURSDAY, FEBRUARY 12, 1970

813

SB 496. By Senator Chapman of the 32nd:
A bill to amend an Act providing a new charter for the City of Marietta as amended, so as to change the corporate limits of said City; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

SB 500. By Senator Broun of the 46th:
A bill to amend an Act fixing the compensation of the judge of the Juvenile Court of Clarke County, as amended, so as to change the compensation of the judge; 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 501. By Senator Broun of the 46th:
A bill to provide for the compensation of the Coroner of Clarke 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 40, nays 0.

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

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JOURNAL OF THE SENATE,

SB 502. By Senator Broun of the 46th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the county of Clarke, as amended, so as to change the compensation of the chairman and 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 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SB 503. By Senator Broun of the 46th: A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, as amended, so as to change the compensation of the sheriff; 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 504. By Senator Broun of the 46th: A bill to create the Athens-Clarke County Charter Commission; to provide for a short title; 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.

THURSDAY, FEBRUARY 12, 1970

815

SB 506. By Senator Broun of the 46th:
A bill to amend an Act granting a charter to the Mayor and Council of the City of Athens, so as to provide that a municipal elective officer of the Mayor and Council of the City of Athens shall be eligible to enter as a candidate any political party primary or general election other than to succeed himself as an incumbent or a public elective office; 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 507. By Senator Broun of the 46th: A bill to amend an Act establishing a City Court in the County of Clarke as amended, so as to change the name of the said court of Athens; to provide that the changing of the name of said court shall not affect the status of the said court in any other manner; 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 508. By Senator Broun of the 46th: A bill to amend an Act fixing the compensation of the treasurer of Clarke County, so as to change the compensation of the treasurer; 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.

816

JOURNAL OF THE SENATE,

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

SB 509. By Senator Broun of the 46th:
A bill to amend an Act consolidating the Clarke County Board of Health and the Board of Health of the City of Athens, as amended, so as to change the method of funding and the manner of selection of members; 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 511. By Senator McGill of the 24th:
A bill to authorize the use of public funds of Wilkes County for industrial development and related purposes; 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 505. By Senator Broun of the 46th: A bill to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens, so as to provide that no educational tax shall be levied at a rate in excess of 20 mills; 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.

THURSDAY, FEBRUARY 12, 1970

817

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

HB 1394. 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; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1402. By Messrs. Hudson and Dorminy of the 48th:
A bill to amend an Act incorporating the City of Ocilla, so as to provide for an increase in fines and other punishment for all offenses against the ordinances of said city; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1404. By Messrs. Hudson and Dorminy of the 48th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, so as to change the salary of the clerk; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed.

:818

JOURNAL OF THE SENATE,

HB 1410. By Mr. Jones of the 59th:
A bill to amend an Act establishing the City Court of Hinesville, so as to change the salary of the judge of said court; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1411. By Mr. Jones of the 59th:
A bill to amend an Act supplementing the fees of the Ordinary of Liberty County, so as to change such supplemental compensation; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1412. By Mr. Jones of the 59th:
A bill to amend an Act creating the office of Tax Commissioner of Liberty 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 40, nays 0.

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

THURSDAY, FEBRUARY 12, 1970

819

HB 1415. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Thomason and Levitas of the 77th and others:
A bill to repeal an Act entitled "Revision and Completion of Tax Assessments in certain counties"; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1418. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act placing certain county officers of McDuffie County on a salary basis in lieu of a fee basis, so as to change the compensation of the clerk of the Superior Court, sheriff's deputies, and tax collector, the ordinary, and the coroner; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1420. By Messrs. Johnson and Phillips of the 29th:
A bill to amend an Act repealing an Act creating a commissioner of McDuffie County and creating a three-member board of commissioners for McDuffie County, so as to change the compensation of the chairman and members of said Board; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0. The bill, having received the requisite constitutional majority, was passed.

820

JOURNAL OF THE SENATE,

HB 1425. By Messrs. Eainey and Bowen of the 47th:
A bill to provide that the tax commissioner of certain counties shall have the power and authority to levy and collect tax fi. fas. which are issued by the tax commissioners; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

HB 1426. By Messrs. Rainey and Bowen of the 47th:
A bill to authorize the governing authority of Worth County to make a full and final settlement of all claims of the sheriff and clerk of the superior court of said county respecting the fine fund 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 40, nays 0.

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

HB 1436. By Messrs. Shanahan of the 8th, Harris and Roach of the 10th:
A bill to authorize the official court reporter of certain judicial circuits to employ secretarial assistance; and for other purposes.

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

On the passage of the bill, the ayes were 40, nays 0.

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

THURSDAY, FEBRUARY 12, 1970

821

SB 487. By Senator Vann of the 10th:
A bill to amend an Act creating a new charter for the City of Baconton, so as to provide that primaries and elections conducted in said city shall be conducted in conformity with the Municipal Election Code; to repeal conflicting laws; 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 creating a new charter for the City of Baconton, approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb., p. 2828), as amended, so as to clarify the provisions relating to the selection of a successor to fill a vacancy occurring in the office of mayor or councilman; to provide that primaries and elections conducted in said city shall be conducted in conformity with the Municipal Election Code; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating a new charter for the City of Baconton^ approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb., p. 2828), as amended, is hereby amended by striking the last sentence of Section 7, which reads as follows:
"In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of a vacancy in the office of mayor, and persons so elected shall be, duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months."
and substituting in lieu thereof the following:
"In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy or vacancies may be filled byappointment and selection of a successor by the mayor and councilmen, in the case of a vacancy occurring in the office of councilman, and by the councilmen selecting a successor in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months."
Section 2. Said Act is further amended by adding between Sections 8 and 9 a new Section to be known as Section 8A and to read as follows:

822

JOURNAL OP THE SENATE,

"Section 8A. Notwithstanding any other provisions of this Act to the contrary, municipal primaries and elections and the procedures pertaining thereto shall be conducted and performed in conformity with the Municipal Election Code, and if any provisions of this charter are in conflict with said Code, the provisions of said Code shall prevail."

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 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the Mil by substitute, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1396. By Mr. Hargrett of the 58th: A bill to provide for the manner of appointment of members of the Board of Wayne County Hospital Authority; and for other purposes.
The Committee on County and Urban Affairs offered the following substitute :
A BILL
To be entitled an Act to provide for the manner of appointment of members to the Board of the Wayne County Hospital Authority; to provide for a referendum; to repeal conflicting laws; and for other puropses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Whenever any vacancy shall occur on the Board of the Wayne County Hospital Authority, the Board of Commissioners of Wayne County shall appoint, by resolution, a person to fill said vacancy.
Section 2. It shall be the duty of the Ordinary of Wayne County to issue the call for an election for the purpose of submitting this Act

THURSDAY, FEBRUARY 12, 1970

S2S.

to the voters of Wayne County for approval or rejection. The Ordinary shall set the date of such election for Tuesday, November 3, 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 Wayne County. The ballot shall have written or printed thereon the words:

"For approval of the Act to provide that when any vacancy shall occur on the Board of the Wayne County Hospital Authority, the Board of Commissioners of Wayne County shall appoint, bjr resolution, a person to fill said vacancy.

"Against approval of the Act to provide that when any vacancy shall occur on the Board of the Wayne County Hospital Authority, the Board of Commissioners of Wayne County shall appoint, by resolution, a person to fill said vacancy."

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 Wayne 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 3. All 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 substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 40, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HR 695. By Messrs. Westlake, Davis, Higginbotham of the 75th and others: A resolution creating the DeKalb County Retirement System Study Commission; and for other purposes.

824

JOURNAL OF THE SENATE,

The Committee on County and Urban Affairs offered the following substitute :

A RESOLUTION

Creating the DeKalb County Retirement System Study Commission; and for other purposes.

WHEREAS, proposals have been presented to members of the General Assembly representing DeKalb County which would make major changes in the retirement system of said county; and

WHEREAS, such proposals and other matters relative to said retirement system should be given thorough study and consideration.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the DeKalb County Retirement System Study Commission to be composed of eleven members as follows:

(a) Four members of the House of Representatives to be appointed by the Speaker of the House, such members to be members of the DeKalb County delegation of the House with one member being appointed from each of the four Senatorial Districts of DeKalb County.

(b) The four Senators representing DeKalb County, that is, the Senators from Senatorial Districts 41, 42, 43 and 55.

(c) One resident of DeKalb County to be appointed by the Board of Commissioners of DeKalb County.

(d) The Chief of the DeKalb County Police Department or a member of said Department designated by said Chief.
(e) The Chief of the DeKalb County Fire Department or a member of said Department designated by said Chief.
BE IT FURTHER RESOLVED that the senior Senator from DeKalb County shall serve as chairman of the DeKalb County Retirement System Study Commission. The chairman shall call the first meeting of the Commission on or after April 1, 1970.
BE IT FURTHER RESOLVED that said Commission shall make a thorough study of the DeKalb County retirement system and the proposals to change said system and submit its conclusions and recommendations to all members of the DeKalb County delegation to the General Assembly, the governing authority of DeKalb County, and to such other interested persons as the Commission shall determine. Said conclusions and recommendations shall be submitted as herein provided, on or before December 1, 1970, on which date the Commission shall stand abolished.
BE IT FURTHER RESOLVED that all members of the Commission shall serve without compensation, but a sufficient amount of funds de-

THURSDAY, FEBRUARY 12, 1970

825

rived by DeKalb County from sources other than ad valorem taxes is hereby appropriated for the purpose of paying the expenses of the Commission in carrying out its duties and responsibilities as provided by this Resolution.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives shall transmit an appropriate copy of this Resolution to the governing authority of DeKalb County and to the Chiefs of the DeKalb County Police and Fire Departments.

On the adoption of the substitute, the ayes were 40, nays 0, and the substitute was adopted.

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

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.
The President assumed the chair.

The following resolutions of the Senate were read and adopted:
SR 296. By Senators Zipperer of the 3rd, Searcey of the 2nd, Scott of the 17th and others: A resolution commending Miss Nancy Herndon; and for other purposes.
SR 293. By Senators Broun of the 46th and Pennington of the 45th: A resolution commending the Dairy Science Club of the University of Georgia; and for other purposes.
SR 288. By Senators Holley of the 22nd and Padgett of the 23rd: A resolution commending Coach Marvin Vanover; and for other purposes.
The following resolution of the Senate, favorably reported by the committee, was put upon its passage:

826

JOURNAL OP THE SENATE,

SR 275. By Senators Kidd of the 25th and Pincher of the 51st:
A resolution commending the State Board of Pharmacy and urging the Board to expand its drug abuse education program; 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.

The following resolutions of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:

SR 273. By Senator Hensley of the 33rd:
A resolution creating the Joint House-Senate Transportation Study Committee; and for other purposes.

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

On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 277. By Senator Broun of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the General Assembly to abolish any or all agencies established for the administration of the programs of educational loans, grants or scholarships and to transfer to such agency as the General Assembly shall provide the administration of such programs; to authorize the General Assembly to provide for programs of loans, scholarships and grants for educational purposes; to provide for the submission of this amendment for ratification or rejection and for other purposes.

THURSDAY, FEBRUARY 12, 1970

827

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I of the Constitution is hereby amended by adding at the end thereof two paragraphs to be numbered Paragraphs VI and VII and to read as follows:

"Paragraph VI. The General Assembly shall be authorized to abolish any or all of the agencies established for the administration of the programs of educational loans, grants or scholarships pro-
vided for in this Section and to transfer to such board, boards, commission, commissions or agency or agencies as the General Assembly shall provide the administration of any such program.

"Paragraph VII. The General Assembly is authorized to provide for a program or programs of loans, scholarships and grants and the guaranteeing of loans and the payment of interest on loans to residents of this State for educational purposes. The General Assembly shall be authorized to provide for all necessary matters and procedures relative to such programs, including how such loans may be cancelled or repaid. Taxes may be levied and public funds expended for such purposes."

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 authorize the General Assembly to abolish any or all agencies established for the administration of the programs of educational loans, grants or scholarships and to transfer
) to such agency as the General Assembly shall provide the administration of such programs; to authorize the General Assembly to provide for programs of loans, scholarships and grants for educational purposes?"

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 Committee on the University System of Georgia offered the following substitute:

828

JOURNAL OF THE SENATE,

A RESOLUTION

Proposing an amendment to the Constitution to authorize the General Assembly to abolish certain agencies established for the administration of programs of educational loans, grants or scholarships and to transfer to such agencies as the General Assembly shall provide the administration of such programs; to authorize the General Assembly to provide for programs of loans, scholarships and grants for educational purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I of the Constitution is hereby amended by adding at the end thereof two paragraphs to be numbered Paragraphs VI and VII and to read as follows:

"Paragraph VI. The General Assembly shall be authorized to abolish any or all agencies specifically created in this Section for the administration of programs providing for educational loans, grants or scholarships, and to transfer to any board, boards, commission, commissions, agency or agencies as the General Assembly shall provide the administration of any or all loan, grant or scholarship
programs provided for in this Section.

"Paragraph VII. The General Assembly is authorized to provide for a program or programs of loans, scholarships and grants and the guaranteeing of loans and the payment of interest on loans to residents of this State for educational purposes. The General Assembly shall be authorized to provide for all necessary matters and procedures relative to such programs, including how such loans, grants or scholarships may be cancelled, satisfied or repaid. Taxes, may be levied and public funds expended for such purposes."

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 authorize the General Assembly to abolish certain agencies established for the administration of programs of educational loans, grants or scholarships and to transfer to such
) agencies as the General Assembly shall provide the administration of such programs; to authorize the General Assembly to provide for programs of loans, scholarships and grants for educational purposes?"

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".

THURSDAY, FEBRUARY 12, 1970

829

On the adoption of the substitute, the ayes were 41, nays 0, and the substitute -was adopted.

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

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

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman
Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge
Fincher of 54th Garrard Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy
Kidd London McGill
Noble Padgett Patton Pennington Plunkett
Reeder 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 53, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

HR 546. By Messrs. Buck of the 84th, Pinkston of the 81st, Townsend of the 115th and others: A resolution creating the Consolidated Retirement System Study Committee ; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

830

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.

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

HB 179. By Messrs. Gunter of the 6th, Lambert of the 25th, Harris of the 77th and others:
A bill reorganizing the State Department of Law, so as to increase the compensation of the Attorney General; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 1.

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

SB 429. By Senator Kidd of the 25th: A bill to amend an Act providing minimum requirements for agents of the Bureau of Investigation of the Department of Public Safety, so as to provide that the Director may employ agents who do not meet the requirements of said Act, which agents shall be assigned to overt or covert drug abuse investigations; 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 2.
The bill, having received the requisite constitutional majority, was passed.
Senator Smalley of the 28th gave notice that at the proper time he would move that the Senate reconsider its action on SB 429.

THURSDAY, FEBRUARY 12, 1970

831

SB 413. By Senator Kidd of the 25th:
A bill to provide lesser penalties for possession of small quantities of marijuana; 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 3.

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

SB 476. By Senator Kidd of the 25th:
A bill to amend the Criminal Code of Georgia, so as to provide that whoever moves or travels from the territorial limits of this State with intent to avoid prosecution for the commission of an offense punishable under the laws of this State shall be guilty of a felony; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, Tvas 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 513. By Senator Vann of the 10th: A bill to provide the circumstances under which certain unsolicited merchandise shall be deemed to be an unconditional gift to the recipient of such merchandise; 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.

832

JOURNAL OF THE SENATE,

SB 491. By Senator Webb of the llth:
A bill to amend an Act creating the Georgia Factory for the Blind, as amended, so as to provide that surplus funds may be accrued by the Factory not to exceed a total of $250,000.00; to repeal conflicting laws; and for other purposes.

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

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

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

SB 416. By Senator Kidd of the 25th:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to create the Georgia Drug Council, and to provide that the 5 members of the Georgia State Board of Pharmacy shall also be ex-officio members of the Georgia Drug Council; to repeal conflicting laws; and for other purposes.

The Committee on Health and Welfare offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 79A-208, relating to powers and duties of the Georgia State Board of Pharmacy, so as to provide that the Board shall create a Drug Advisory Council and designate the members thereof; to provide that the Drug Advisory Council shall be concerned with matters related to drug education and drug abuse control; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 79A-208, relating to powers and duties of the Georgia State Board of Pharmacy, is hereby amended by adding to said Code Section a new subsection, to be designated as subsection (m), to read as follows:
"79A-208 (m) To designate persons who have drug-related training, experience, education or other qualifications who shall serve as members of a Drug Advisory Council for the purpose of providing expert testimony, advice and assistance in matters related to the detection, evaluation and control of abuse or misuse of drugs

THURSDAY, FEBRUARY 12, 1970

833

or dangerous substances, and other public drug abuse education matters to the State Board of Pharmacy.

The members of the Advisory Council shall receive $25.00 per diem, plus actual travel expenses, from funds of the Chief Drug Inspector."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.

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

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

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

by substitute.

'

HB 327. By Messrs. Smith of the 3rd and Horton of the 95th:
A bill to establish the Georgia State Board of Hearing Aid Dealers and Dispensers; and for other purposes.

Senator Padgett of the 23rd offered the following amendment:
Amend HB 327, Page 4, Section 6, Paragraph C by changing 1970 to 1971 and Page 12, Section 23, Paragraph 2, last line by changing 1970 to 1971.

On the adoption of the amendment, the ayes were 30, 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 29, nays 2.

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

834

JOURNAL OF THE SENATE,

HB 1135. By Messrs. Murphy of the 19th, Busbee of the 61st, Brown of the 32nd and others:
A bill to amend Chapter 13-2 of Title 13 of the Code of Georgia known as the "Banking Law of Georgia", relating to the definition of terms and the regulation of banks, so as to redefine the terms "Branch Bank", "Bank Office", "Bank Facility", "Village", and to define the term "county"; and for other purposes.

Senator Reynolds of the 48th offered the following amendment: Amend HB 1135 by striking from subsections (a), (b) and (c) of
quoted Code Section 13-203.1 of Section 4 the words: "or a branch bank"
and the words: "or branch bank",
wherever the same may appear.

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.

On the passage of the bill, the ayes were 37, nays 14.

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

HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th and others:
A bill to amend an Act establishing the State Employees' Retirement System so as to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety; and for other purposes.

The Committee on Retirement offered the following amendment:
Amend HB 1142 by striking Section (d) of Section 3 in its entirety and inserting in lieu thereof a new sub-section (d), to read as follows:

THURSDAY, FEBRUARY 12, 1970

835

"(d) For the purpose of this Section, the term 'highest average compensation' means the members' highest average monthly earnable compensation during a period of eight (8) consecutive calendar quarters while a member of the System, but not to include any increase or decrease in salary that is in excess of two (2) five per cent (5%) increases or decreases during such eight (8) calendar quarters."

On the adoption of the amendment, the ayes were 44, nays 0, and the amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HB 1142 by striking on page 5, lines 18 through. 31, and inserting in lieu thereof the following:
"Sixty years of age."

On the adoption of the amendment, the ayes were 10, nays 33, 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 as amended.

SB 68. By Senator Gillis of the 20th:
A bill to provide for compensation and allowances for those State officials whose election is provided for by Articles IV and V of the Constitution 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.

The Committee on Economy, Reorganization and Efficiency in Government offered the following substitute:

A BILL
To be entitled an Act to provide for additional compensation for certain designated State officials; to provide the procedure therefor; to repeal conflicting laws; and for other purposes.

S36

JOURNAL OF THE SENATE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. In addition to any other compensation and any allowances which they are now being paid, the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer, the Comptroller General, the Commissioner of Agriculture, the State School Superintend-ent, each member of the Public Service Commission, the Director of the State Highway Department, the State Revenue Commissioner, the Director of Public Safety, the Superintendent of Banks, the Director of the Game and Fish Commission, the Director of the Department of Industry and Trade, the Director of the Department of Family and Children Services, the Director of the Department of Parks, the Director of the Forestry Commission, each member of the Board of Workmen's Compensation, the Director of the Department of Corrections,
the Director of the Department of Veterans Service, and the State Budget Officer shall receive the amount of $800.00 per annum for each four years of State service with a branch or department of State government financed by appropriations payable through the State Treasury, figured at the beginning of each such period of service, up to a maximum of 20 years service. Such amounts shall be paid in the same manner and from the same funds as the other compensation of such officials is paid.

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 22, nays 13, 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, 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:

Those voting in the affirmative were Senators:

Abney Andrews Broun of 46th Carter Coggin Cox Fincher of 51st Fincher of 54th Garrard Gillis Hardy

Hill Holley Hudgins Jackson Johnson Kennedy London Noble Padgett Riley Rowan

Scott Smalley Smith of 18th Starr Trippe Vann Walling Ward Young

THURSDAY, FEBRUARY 12, 1970

837

Those voting in the negative were Senators:

Adams of 5th Adams of 26th Bateman Brown of 47th Chapman Dean Doss Eldridge

Hensley Kidd McGill Miller Patton Pennington Plunkett Reeder

Reynolds Searcey Smith of 34th Spinks Stephens Tysinger Webb Zipperer

Senator Smalley of the 28th asked that the roll call be verified, and the roll call was verified.

On the passage of the bill, the ayes were 31, nays 24.

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

Senator Webb of the llth gave notice that at the proper time he would move that the Senate reconsider its action on SB 68.

SB 299. By Senator Kidd of the 25th:
A bill to amend an Act creating the "Georgia Real Estate Investment Board", so as to change the compensation of said Board by providing for additional members and their appointment; to repeal conflicting laws; and for other purposes.

Senator Trippe of the 31st moved that SB 299 be indefinitely postponed.

On the motion, the ayes were 28, nays 10; the motion prevailed, and SB 299 was indefinitely postponed.

SB 454. By Senators Chapman of the 32nd and Hensley of the 33rd:
A bill to establish standards to determine what materials are harmful to minors; to repeal conflicting laws; and for other purposes.

Senator Hensley of the 33rd moved that SB 454 be postponed until Friday, February 13.

838

JOURNAL OF THE SENATE,

On the motion, the ayes were 31, nays 0; the motion prevailed, and SB 454 was postponed until Friday, February 13.

SB 442. By Senators Kidd of the 25th and Holley of the 22nd:
A bill to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; to require that all hypodermic syringes and hypodermic needles be destroyed when no longer in use for authorized medical purposes; to define terms; to provide penalties; to repeal conflicting laws; and for other purposes.

Senator Webb of the llth moved that SB 442 be postponed until Friday, February 13.

On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 442 was postponed until Friday, February 13.
SB 441. By Senators Carter of the 14th, Hudgins of the 15th, Young of the 13th and others: A bill to amend Code Section 57-112, relating to persons exempt from jury duty, as amended, so as to provide that any elected official may request an exemption from jury duty; to repeal conflicting laws; and for other purposes.
The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 59-112 relating to persons exempt from jury duty, as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 725), so as to provide that any elected official may request an exemption from jury duty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 59-112, relating to persons exempt from jury duty, as amended particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 725), is hereby amended by adding at the end thereof a new subsection to be designated subsection (e) to read as follows:
"(e) Any elected State, county, municipal or school district official of this State who does not desire to serve upon juries shall

THURSDAY, FEBRUARY 12, 1970

839

notify the jury commissioners of the county in which he resides in writing to that effect, and thereupon the jury commissioners shall remove the name of such elected official from the jury box for said county, for so long as such official shall serve in office or until the request is withdrawn."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.

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

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

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

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

SB 346. By Senator Kidd of the 25th:
A bill to amend an Act placing the Ordinary of Baldwin County upon an annual salary in lieu of the fee system of compensation, so as to change the compensation of said ordinary and to provide for automatic salary increases; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:
Amend SB 346 by striking from line 18 the figure "$11,500.00" and inserting in lieu thereof the figure "$11,000.00".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 346.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House amendment to SB 346 was agreed to.

840

JOURNAL OF THE SENATE,

The following bill of the Senate, favorably reported by the committee, and having been read the third time on February 2 and postponed, was put upon its passage:

SB 98. By Senator Cox of the 21st:
A bill to amend Code Title 59, relating to juries, so as to provide compensation for wages lost by certain employees who are required 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.

Senator Smith of the 34th offered the following amendment: Amend SB 98 by changing the figure "50" on line 7 of page two to
the figure "5".
On the adoption of the amendment, the ayes were 14, nays 20, and the amendment 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 29, nays 18. The bill, having received the requisite constitutional majority, was passed.

Senator Pennington of the 45th gave notice that at the proper time he would move that the Senate reconsider its action on SB 98.

The following resolutions of the Senate were read and adopted:

SR 300. By Senator Gillis of the 20th:
A resolution commending the Vidalia High School Football Team; and for other purposes.

SR 298. By Senator Padgett of the 23rd:
A resolution commending Dr. Leon H. Robertson; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

841

SR 299. By Senator Gillis of the 20th:
A resolution commending the Lyons High School Debating Team; and for other purposes.

The following bill of the House was read the first time and referred to committee :

HB 1343. By Messrs. Brown and Melton of the 32nd: A bill to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the National Firearms Act; and for other purposes.
Senator Smalley of the 28th moved that HB 1343 be engrossed.
On the motion, the ayes were 28, nays 1; the motion prevailed, and HB 1343 was engrossed.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

Senator Stephens of the 36th moved that the following resolution of the Senate be withdrawn from consideration by the Senate:

SR 261. By Senators Stephens of the 36th and Padgett of the 23rd:
A resolution creating the Committee to study the feasibility of creating a civil cause of Action in favor of criminal accused who have been charged with violation of crime, but found innocent; and for other purposes.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SR 261 was withdrawn from consideration by the Senate.

Senator Webb of the llth asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 540. By Senator Webb of the llth:
A bill to amend an Act placing the clerk of the superior court of Seminole County on a salary basis, so as to change the compensation of said clerk; to repeal conflicting laws; and for other purposes.

842

JOURNAL OP THE SENATE,

The consent was granted.

Referred to Committee on County and Urban Affairs.

Senator Rowan of the 8th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 544. By Senator Rowan of the 8th:
A bill to provide for an assistant court reporter in certain judicial circuits of this State; to repeal conflicting laws; and for other purposes.

The consent was granted.

Referred to Committee on County and Urban Affairs.

Senator Eldridge of the 7th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 545. By Senator Eldridge of the 7th:
A bill to add one additional judge of the superior courts of the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to repeal conflicting laws; and for other purposes.

The consent was granted.
Referred to Committee on Judiciary.
Senator Starr of the 44th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:
SB 547. By Senator Starr of the 44th: A bill to amend an Act establishing a Civil and Criminal Court of Clayton County, so as to delete the requirement that costs in all civil cases in said court shall be the same as the costs are in the Superior Court of Clayton County; to repeal conflicting laws; and for other purposes.

THURSDAY, FEBRUARY 12, 1970

843

The consent was granted.

Referred to Committee on County and Urban Affairs.

Senator Hardy of the 56th moved that the Senate do now adjourn until 8:30 o'clock A. M. tomorrow, and the motion prevailed.

The Chair announced the Senate adjourned until 8:30 o'clock A. M. tomorrow.

844

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, February 13, 1970.

The Senate met pursuant to adjournment at 8:30 o'clock A. M. today, and was called to order by the President.

Senator Carter of the 14th reported that the journal of yesterday's proceedings had been read and found correct.

Senator Webb of the llth moved that the Senate reconsider its action of yesterday on the following bill of the Senate:

SB 68. By Senator Gillis of the 20th:
A bill to provide for compensation and allowances for those State officials whose election is provided for by Articles IV and V of the Constitution of Georgia; to provide that this Act shall not apply to certain officials; to provide an effective date; and for other purposes.

On the motion to reconsider, 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:

Bateman Eldridge Garrard Johnson

Patton Pennington Plunkett

Rowan Tysinger Webb

Those voting in the negative were Senators:

Abney Adams of 5th Adams of 26th Andrews Brown of 47th Carter Chapman Coggin Doss Fincher of 51st Gillis Hardy

Holley Holloway Hudgins Jackson
Kennedy Kidd
London McGill
Noble Padgett Reynolds

Riley Scott Smalley Smith of 18th Smith of 34th Starr Trippe Vann Walling Young

FRIDAY, FEBRUARY 13, 1970

845

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

On the motion to reconsider, the ayes were 10, nays 33, and the motion was lost.

Senator Smalley of the 28th moved that the Senate reconsider its action of yesterday on the following bill of the Senate:
SB 429. By Senator Kidd of the 25th: A bill to amend an Act providing minimum requirements for agents of the Bureau of Investigation of the Department of Public Safety, so as to provide that the Director may employ agents who do not meet the requirements of said Act, which agents shall be assigned to overt or covert drug abuse investigations; and for other purposes.
On the motion to reconsider, the ayes were 31, nays 1; the motion prevailed, and SB 429 was placed on the Senate 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. Donald J. McKenzie, and as the nurse of the day, Mrs. Gloria C. Emory.
Senator Coggin of the 35th asked unanimous consent that the call of the roll be dispensed with.

846

JOURNAL, OF THE SENATE,

The consent was granted.

Scripture reading and prayer were offered by Reverend Grover C. Patten, pastor, Fellowship Baptist Church, Adel, Georgia.

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 1529. By Mr. Paris of the 14th:
A bill to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Bartow County upon an annual salary, so as to change the provisions relating to the compensation of certain personnel within the sheriff's office; and for other purposes.

HB 1531. By Mr. Shanahan of the 8th:
A bill to create a new Board of Education of Gordon County; and for other purposes.

HB 1533. By Messrs. Levitas, Thomason, Harris and Farrar of the 77th, Jordan of the 74th, Dean of the 76th, Higginbotham, Davis and Westlake of the 75th, Geisinger of the 72nd, Bell and Morris of the 73rd:
A bill to amend an Act authorizing the establishment of a merit system in DeKalb County for employees of DeKalb County, so as to place the Chief of the DeKalb County Police Department under the DeKalb County Merit; and for other purposes.

HB 1544. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for McDuffie County; and for other purposes.

HB 1549. By Messrs. Matthews and Fallin of the 63rd:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to include certain described properties within the corporate limits of said City; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

847

HB 1545. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for Glascock County; to prescribe the jurisdiction of said court; and for other purposes.

HB 1546. By Mr. Knowles of the 22nd: A bill to amend an Act creating a board of county commissioners for Henry County, so as to clarify certain provisions relating to the districts from which commissioners are elected; and for other purposes.
HB 1552. By Mr. Grahl of the 40th: A bill to abolish the present mode of compensating the Tax Commissioner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 1553. By Mr. Grahl of the 40th: A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said Board of Commissioners; and for other purposes.

HB 1554. 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 provide for a base salary for the newlyelected sheriffs and their deputies; and for other purposes.
HB 1555. 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 provide for a base annual salary with annual raises for four years; and for other purposes.
HB 1556. By Mr. Grahl of the 40th: A bill to amend an Act fixing the compensation of the Treasurer of Crawford County, so as to change the compensation of said Treasurer; and for other purposes.
HB 1557. By Mr. Grahl of the 40th: A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Crawford County and providing in lieu thereof an annual salary, so as to provide for a base salary for each newly-elected Ordinary of Crawford County; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1559. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional property; and for other purposes.

HB 1560. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act placing the sheriff of Echols County on an annual salary in lieu of the fee system of compensation, so as to change the ceiling on the salary of the sheriff; and for other purposes.
HB 1564. By Messrs. Burruss, McDaniell, Kreeger, Housley, Wilson, Atherton and Henderson of the 117th:
A bill to amend the "Paulding County Water Authority", so as to prohibit certain contracts by the Authority; to provide for the removal of members who violate certain provisions of the Act; to provide for competitive bidding; and for other purposes.

HB 1565. By Messrs. Higginbotham, Floyd and Davis of the 75th, Harris, Levitas, Farrar and Thomason of the 77th, Jordan and Vaughn of the 74th, Bell and Morris of the 73rd, Geisinger and Collins of the 72nd, and Dean of the 76th:
A bill to change the compensation of the judges of the juvenile courts in certain counties; and for other purposes.

HB 1568. By By Mr. Conner of the 56th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide that candidates for the election to the board of commissioners from each ward shall receive a majority of votes cast; and for other purposes.

HB 1569. By Mr. Conner of the 56th:
A bill to create a small claims court in certain counties of this state; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judges of such courts; and for other purposes.

HB 1570. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Taylor County into one office of tax commissioner of Taylor County, so as to change the compensation of the tax commissioner; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

84&

HB 1571. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Taylor County and providing in lieu thereof an annual salary for said officer, so as to provide an expense allowance for the sheriff for the operation of the sheriff's automobile; and for other purposes.

HB 1572. By Messrs. Cook and Gates of the 95th, Adams of the 100th, Shepherd of the 107th, Sims of the 106th, Felton of the 95th, Games of the 104th and others:
A bill to authorize and direct the governing authorities of all municipalities with populations of 400,000 or more, to impose a license fee, not to exceed $100 per annum, upon each person who practices astrology for a fee; and for other purposes.

HB 1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A bill to abolish the present mode of compensation for the ordinary of Baker County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1538. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County upon an annual salary in lieu of the fee system of compensation, so as to provide for a contingent expense allowance for the sheriff; and for other purposes.

HB 1539. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes.

HB 1542. By Mr. Clarke of the 33rd:
A bill to provide for the addition of two members of the Board of Education of Monroe County; and for other purposes.

HB 1604. By Mr. Harrison of the 66th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to change the days on which the meetings of the board are held; and for other purposes.

HB 1606. By Mr. Floyd of the 7th:
A bill to amend an Act consolidating the laws chartering the City of Summerville, so as to provide for certiorari directly from decisions,

850

JOURNAL OF THE SENATE,

rendered in the mayor's or recorder's court of the City of Summerville; and for other purposes.

HB 1607. By Mr. Floyd of the 7th:
A bill to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensation of the deputies; and for other purposes.

HB 1612. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to create a new board of education of Bulloch County; and for other purposes.

HB 1397. By Mr. Sorrells of the 24th:
A bill to amend an Act incorporating the City of Social Circle, so as to increase the corporate limits; and for other purposes.

HB 1442. By Mr. Dodson of the 82nd:
A bill to create the Macon-Bibb County "Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County"; and for other purposes.

HB 1478. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A bill to amend an Act providing for the appointment of an associate judge of the city court of certain counties, so as to extend the provisions of said Act for one additional year; and for other purposes.

HB 1537. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a court reporter for said Circuit; and for other purposes.

HR 730. By Mr. Paris of the 14th:
A resolution proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County School System of Barrow County into one school district; and for other purposes.

HR 732. By Mr. Collier of the 54th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regulate businesses in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

851

HR 738. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a downtown Albany Development Authority and to provide for the powers, duties and responsibilities of said Authority; and for other purposes.

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

SB 411. By Senator Rowan of the 8th:
A bill to amend an Act placing the sheriff of Berrien County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

SB 428. By Senator Rowan of the 8th:
A bill to amend an Act creating the office of tax commissioner of Berrien County, so as to change the amount of the funds to be made available to the tax commissioner for the purpose of compensating his employees; and for other purposes.

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

HR 596. By Mr. Johnson of the 29th:
A resolution compensating Mrs. Annette Harrison; and for other purposes.

HR 563. By Mr. Harris of the 10th: A resolution to compensate Mr. A. M. Cagle; and for other purposes.

HR 299. By Mr. Fafford of the 64th: A resolution compensating Mr. Willis Holloway; and for other purposes.

HR 520. By Messrs. Crowe, Snow and Hale of the 1st:
A resolution compensating Mr. Charles J. Strain; and for other purposes.

HR 541. By Mr. Salem of the 51st: A resolution compensating Mr. Jimmy W. Hall; and for other purposes.

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JOURNAL OF THE SENATE,

HR 550. By Mr. Paris of the 14th: A resolution compensating Mr. Boyd Garner; and for other purposes.

554. By Messrs. Rush and Salem of the 51st: A resolution to compensate Tattnall County; and for other purposes.

HR 562. By Mr. Harris of the 10th:
A resolution compensating Mr. Robert Ayles and Miss Robbin Ayles; and for other purposes.

HR 564. By Mr. Rush of the 51st: A resolution compensating Mrs. Mary E. Carter ; and for other purposes.

HR 565. By Messrs. Williams and Cooper of the llth :
A resolution to compensate Mr. George Frank Cash; and for other purposes.

HR 579. By Mr. Brown of the 32nd:
A resolution compensating Hensley Office Equipment Company; and for other purposes.

HR 633. By Mr. Ballard of the 23rd:
A resolution compensating Mr. William P. Roberts; and for other purposes.

HR 636. By Messrs. Colwell of the 5th, Clarke of the 33rd, Paris of the 14th, Poole of the 10th, Dailey of the 53rd, Edwards of the 45th and others:
A resolution compensating Honorable Howard Simmons; and for other purposes.

HR 645. By Mr. Westlake of the 75th: A resolution compensating Mr. T. L. Phillips; and for other purposes.

HR 661. By Mr. Lowrey of the 9th: A resolution compensating Mr. V. S. Nations; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

85S

HR 674. By Mr. Colwell of the 5th:
A resolution compensating Mr. James R. Ledford; and for other purposes.

HR 697. By Mr. Graves of the 9th: A resolution compensating Mr. Bill Pullen; and for other purposes.

HR 681. By Mr. Gunter of the 6th:
A resolution compensating Mr. Everett F. Kitchen; and for other purposes.

HR 693. By Mr. Bohannon of the 20th: A resolution compensating Hubert You; and for other purposes.

HR 700. By Mr. Toles of the 9th:
A resolution compensating Mr. Walter A. Collins; and for other purposes.

HR 702. By Mr. Toles of the 9th: A resolution compensating Mr. Henry Akins; and for other purposes,

HR 705. By Mr. Graves of the 9th:
A resolution compensating Mrs. Martha C. Owens; and for other purposes.

HR 724. By Mr. Carnes of the 104th:
A resolution compensating Mr. Warren A. Presley; and for other purposes.

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

HB 1464. By Mr. Longino of the 98th:
A bill to amend Code Section 13-405, relating to the fees to cover and! the cost of examination of banks, so as to increase the fees in order to

854

JOURNAL OF THE SENATE,

support the cost of operating the Department of Banking; and for other purposes.

HB 1504. By Mr. McClatchey of the 113th:
A bill to amend Georgia Laws 1957 Pages 134, 150 as amended known as the Georgia Securities Law (Georgia Code 1933, Title 97) "Securities" as amended by Georgia Laws 1963, Pages 557, 560, so as to provide that the exemption regarding sales to not more than twentyfive persons as therein defined and stated shall be on a cumulative twelve months basis; and for other purposes.

HB 1528. By Mr. Reaves of the 71st:
A bill to amend an Act creating a new charter for the City of Quitman, so as to provide that a candidate must receive a majority of the votes cast for a particular office in the city election in order to be elected to said office; and for other purposes.

HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver's licenses, so as to provide for the examination of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1970; and for other purposes.

HB 1032. By Mr. Carnes of the 104th:
A bill to regulate the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; and to provide penalties; and for other purposes.

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State officials, employees and appointees of the legislative, executive and judicial branches of the State government and to regulate the conduct of said persons; and for other purposes.
HB 1370. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meaning such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1970; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

855

HB 1456. By Mr. Connell of the 79th:
A bill to amend Code Section 92-6202. 1 relating to the automatic return, of property for taxation and claiming certain exemptions, so as to include within the provisions thereof personal property exemptions; and for other purposes.

HB 1509. By Mr. Scarlett of the 67th:
A bill to amend an Act creating a Department of Public Safety, so as to authorize the members of the Uniform Division of the Department of Public Safety to make arrests, serve and execute warrants, and enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; and for other purposes.

HB 1515. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that the Attorney General shall represent each commission in legal matters; and for other purposes.

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purposes of providing ambulance services for emergency care and treatment; and for other purposes.

HB 1561. By Mr. Smith of the 43rd:
A bill to create the "Constitutional Amendments Publication Board"; toprovide for membership; to provide for other matters relative thereto; and for other purposes.

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

HR 707. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:
A resolution proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owner, an administrator, executor or trustee, if such exemptions are claimed by one or more owner, heirs or cestui que uses who reside on such property; and for other purposes.

HR 711. By Mr. Cole of the 3rd: A resolution compensating Mr. Bob Johnston; and for other purposes.

856

JOURNAL OF THE SENATE,

The House has passed by the requisite constitutional majority the following bill and resolution of the Senate, to-wit:

SB 333. By Senator Webb of the llth:
A bill to change the name of the unit of the Southwestern State Hospital located at Bainbridge, Decatur County, Georgia, to the "Bainbridge State Hospital"; to repeal conflicting laws; and for other purposes.

SR 218. By Senators Hensley of the 33rd and Searcey of the 2nd:
A resolution recreating the Joint Highway Laws Interim Study Committee ; and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House to-wit:

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.

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.

The House has disagreed to the Senate amendment to the following bill of -the House, to-wit:

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

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

FRIDAY, FEBRUARY 13, 1970

857

HB 1468. By Messrs. Carnes of the 104th, Adams of the 100th, Marcus of the 105th, Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd and others:
A bill to provide for two additional Judges of the Superior Court of the Atlanta Circuit at such time as exclusive original jurisdiction of any actions heretofore subject to the Juvenile Court of the County within the Circuit is transferred to the Superior Court; and for other purposes.

HB 1523. By Messrs. McClatchey of the 113th, Winkles of the 96th, Geisinger of the 72nd, Bell and Morris of the 73rd, Lane of the 101st and others:
A bill to prescribe a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000; to provide that such buses may not be operated on the National System of Interstate and Defense Highways; to provide a definition of "Urban Transit Systems"; and for other purposes.

The House has rejected the report of the Committee of Conference on the following bill of the Senate:

SB 281. By Senator Holley of the 22nd:
A bill to be entitled an Act to amend Code Section 84-2, relating to certification of accountants; as amended, so as to provide that the members thereof may succeed themselves; and for other purposes.

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

SB 541. By Senator McGill of the 24th:
A bill to prohibit exclusion of persons from any public school in the State of Georgia on account of race, creed, color or national origin; to prohibit assignment, districting or zoning on account of race, creed, color or national origin; to repeal conflicting laws; and for other purposes.
Referred to Committee on Educational Matters.

SB 542. By Senator Andrews of the 49th:
A bill to amend Code Section 56-407.1, relating to uninsured motorist protection, so as to further define an unknown owner or operator by providing for those instances in which an operator or owner may be known at the time of the collision but cannot thereafter be found by the insured even though the insured may exercise all reasonable efforts; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

858

JOURNAL OF THE SENATE,

SB 543. By Senator Andrews of the 49th:
A bill to provide for a procedure in the settlement of tort cases involving the claims of minors; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 546. By Senator Kidd of the 25th:
A bill creating and establishing a small claims court in and for Wilkinson County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 548. By Senators Patton of the 40th, Coggin of the 35th, Stephens of the 36th and others:
A bill providing for a Board of Elections in counties of more than 500,000, so as to change the name of such Board of Elections and of the Elections Supervisor; to extend the authority of said board and supervisor over the registration of electors; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 549. By Senator Starr of the 44th:
A bill creating the Clayton Judicial Circuit as amended, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint two assistant district attorneys; to authorize the district attorney to fix the compensation of such assistant district attorneys within a certain salary range; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SB 550. By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, and for other purposes"; by adding and providing for an additional judge of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 551. By Senator Stephens of the 36th:
A bill to amend Code Section 92-2902, relating to annual fees for operating motor vehicles, as amended, so as to change certain provisions relating to house and auto trailers; to repeal conflicting laws; and for other purposes.
Referred to Committee on Highways.

FRIDAY, FEBRUARY 13, 1970

859

SB 552. By Senators Coggin of the 35th and 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, as amended, so as to provide that the State Board of Corrections shall have no authority with respect to misdemeanor offenders or with respect to these felons who receive misdemeanor punishment; to repeal conflicting laws; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

SR 295. By Senators Coggin of the 35th and Padgett of the 23rd:
A resolution proposing an amendment to the Constitution, so as to provide for the appointment of two additional members to the State Board of Pardons and Paroles; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

SR 301. By Senator Spinks of the 9th:
A resolution making the channel catfish a game fish; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver's licenses, so as to provide for the examination of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1970; and for other purposes.
Referred to Committee on Highways.

HB 1032. By Mr. Carnes of the 104th:
A bill to regulate the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; to provide penalties; and for other purposes.
Referred to Committee on Banking and Finance.

860

JOURNAL OF THE SENATE,

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State officials, employees and appointees of the legislative, executive and judicial branches of the State government and to regulate the conduct of said persons; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.

HB 1370. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meaning such terms have in the U.S. Internal Revenue Code of 1954; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1397. By Mr. Sorrells of the 24th:
A bill to amend an Act incorporating the City of Social Circle, so as to increase the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1442. By Mr. Dodson of the 82nd:
A bill to create the Macon-Bibb County "Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County"; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1456. By Mr. Connell of the 79th:
A bill to amend Code Section 92-6202.1 relating to the automatic return of property for taxation and claiming certain exemptions, so as to include within the provisions thereof personal property exemptions; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1464. By Mr. Longino of the 98th:
A bill to amend Code Section 13-405, relating to the fees to cover the cost of examinations of banks, so as to increase the fees in order to support the cost of operating the Department of Banking; and for other purposes.
Referred to Committee on Banking and Finance.

FRIDAY, FEBRUARY 13, 1970

861

HB 1478. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A bill to amend an Act providing for the appointment of an associate judge of the city court of certain counties, so as to extend the provisions of said Act for one additional year; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1504. By Mr. McClatchey of the 113th:
A bill to amend Georgia Laws 1957 Pages 134, 150 as amended known as the Georgia Securities Law, so as to provide that the exemption regarding sales to not more than twenty-five persons as therein defined and stated shall be on a cumulative twelve months basis; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1509. By Mr. Scarlett of the 67th:
A bill to amend an Act creating a Department of Public Safety, so as to authorize the members of the Uniform Division of the Department to make arrests, serve and execute warrants, and enforce in general the criminal laws of this State on property owned by the State or its departments ; and for other purposes.
Referred to Committee on Highways.

HB 1515. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that the Attorney General shall represent each commission in legal matters; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purpose of providing ambulance services for emergency care and treatment; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1528. By Mr. Reaves of the 71st:
A bill to amend an Act creating a new charter for the City of Quitman, so as to provide that a candidate must receive a majority of the votes cast for a particular office in the city election in order to be elected to said office; and for other purposes.
Referred to Committee on County and Urban Affairs.

862

JOURNAL OP THE SENATE,

HB 1529. By Mr. Paris of the 14th:
A bill to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Barrow County upon an annual salary, so as to change the provisions relating to the compensation of certain personnel within the sheriff's office; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1531. By Mr. Shanahan of the 8th: A bill to create a new Board of Education of Gordon County; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1533. By Messrs. Levitas, Thomason, Harris and Parrar of the 77th, Jordan of the 74th and others: A bill to amend an Act authorizing the establishment of a merit system in DeKalb County for employees of DeKalb County, so as to place the Chief of the DeKalb County Police Department under the DeKalb County Merit System; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1537. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a court reporter for said Circuit; and for other puposes.
Referred to Committee on County and Urban Affairs.

HB 1538. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County upon an annual salary in lieu of the fee system of compensation, so as to provide for a contingent expense allowance for the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1523. By Messrs. McClatchey of the 113th, Winkles of the 96th, Geisinger of the 72nd and others:
A bill to prescribe a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000; to provide that such

FRIDAY, FEBRUARY 13, 1970

863

buses may not be operated on the National System of Interstate and Defense Highways; to provide a definition of "Urban Transit Systems"; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1468. By Messrs. Carnes of the 104th, Adams of the 100th, Marcus of the 105th and others:
A bill to provide for two additional Judges of the Superior Court of the Atlanta Circuit at such time as exclusive original jurisdiction of any actions heretofore subject to the Juvenile Court of the County within the Circuit is transferred to the Superior Court; and for other purposes.
Referred to Committee on Judiciary.

HB 1539. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1542. By Mr. Clarke of the 33rd:
A bill to provide for the addition of two members of the Board of Education of Monroe County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1544. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for McDuffie County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1545. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for Glascock County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1546. By Mr. Knowles of the 22nd:
A bill to amend an Act creating a board of county commissioners for Henry County, so as to clarify certain provisions relating to the districts from which commissioners are elected; and for other purposes.
Referred to Committee on County and Urban Affairs.

864

JOURNAL OP THE SENATE,

HB 1549. By Messrs. Matthews and Pallin of the 63rd:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to include certain described properties within the corporate limits of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1552. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the Tax Commissioner of Crawford County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1553. By Mr. Grahl of the 40th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said Board of Commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1554. 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 provide for a base salary for the newly-elected sheriffs and their deputies; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1555. 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 provide for a base annual salary with annual raises for four years; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1556. By Mr. Grahl of the 40th:
A bill to amend an Act fixing the compensation of the Treasurer of Crawford County, so as to change the compensation of said Treasurer; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1557. By Mr. Grahl of the 40th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Crawford County and providing in lieu thereof an

FRIDAY, FEBRUARY 13, 1970

865

annual salary, so as to provide for a base salary for each newly-elected Ordinary of Crawford County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1559. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional property; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1560. By Messrs. Bennett, Barfield and Reaves of the 71st: A bill to amend an Act placing the sheriff of Echols County on an annual salary in lieu of the fee system of compensation, so as to change the ceiling on the salary of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1561. By Mr. Smith of the 43rd: A bill to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative thereto; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 1564. By Messrs. Burruss, McDaniell, Kreeger, Housley, and Wilson of the 117th and others: A bill to amend the "Paulding County Water Authority", so as to prohibit certain contracts by the Authority; to provide for the removal of members who violate certain provisions of the Act; to provide for competitive bidding; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1565. By Messrs. Higginbotham, Floyd and Davis of the 75th, Harris, Levitas, Farrar and Thomason of the 77th, and others: A bill to change the compensation of the judges of the juvenile courts in certain counties; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1568. By Mr. Conner of the 56th: A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide that candidates for the election to the board of

866

JOURNAL OP THE SENATE,

commissioners from each ward shall receive a majority of votes cast; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1569. By Mr. Conner of the 56th:
A bill to create a small claims court in certain counties of this state; to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judges of such courts; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1570. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Taylor County into one office of tax commissioner of Taylor County, so as to change the compensation of the Tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1571. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act abolishing the fee system of compensation for the sheriff of Taylor County and providing in lieu thereof an annual salary for said officer, so as to provide an expense allowance for the sheriff for the operation of the sheriff's automobile; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1572. By Messrs. Cook and Gates of the 95th, Adams of the 100th, Shepherd of the 107th, Sims of the 106th, Felton of the 95th and others:
A bill to authorize and direct the governing authorities of all municipalities with populations of 400,000 or more, to impose a license fee not to exceed $100 per annum, upon each person who practices astrology for a fee; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A bill to abolish the present mode of compensation for the ordinary of Baker 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.

FRIDAY, FEBRUARY 13, 1970

867

HB 1604. By Mr. Harrison of the 66th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to change the days on which the meetings of the board are held; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1606. By Mr. Floyd of the 7th:
A bill to amend an Act consolidating the laws chartering the City of Summerville, so as to provide for certiorari directly from decisions rendered in the mayor's or recorder's court of the City of Summerville; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1607. By Mr. Floyd of the 7th:
A bill to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensation of the deputies; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1612. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to create a new board of education of Bulloch County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 299. By Mr. Pafford of the 64th: A resolution compensating Mr. Willis Holloway; and for other purposes.
Referred to Committee on Appropriations.

HR 520. By Messrs. Crowe, Snow and Hale of the 1st:
A resolution compensating Mr. Charles J. Strain; and for other purposes.
Referred to Committee on Appropriations.

HR 541. By Mr. Salem of the 51st: A resolution compensating Mr. Jimmy W. Hall; and for other purposes.
Referred to Committee on Appropriations.

868

JOURNAL OF THE SENATE,

HR 554. By Messrs. Rush and Salem of the 51st: A resolution to compensate Tattnall County; and for other purposes.
Referred to Committee on Appropriations.

HR 562. By Mr. Harris of the 10th:
A resolution compeennssaattiinngg Mr. Robert Ayles and Miss Robbin Ayles; and for other purposes.
Referred to Committee on Appropriations.

HR 563. By Mr. Harris of the 10th: A resolution to compensate Mr. A. M. Cagle; and for other purposes.
Referred to Committee on Appropriations.

HR 564. By Mr. Rush of the 51st: A resolution compensating Mrs. Mary E. Carter; and for other purposes.
Referred to Committee on Appropriations.
HR 550. By Mr. Paris of the 14th: A resolution compensating Mr. Boyd Garner; and for other purposes.
Referred to Committee on Appropriations.
HR 565. By Messrs. Williams and Cooper of the llth: A resolution to compensate Mr. George Frank Cash; and for other purposes.
Referred to Committee on Appropriations.
HR 579. By Mr. Brown of the 32nd: A resolution compensating Hensley Office Equipment Company; and for other purposes.
Referred to Committee on Appropriations.
HR 596. By Mr. Johnson of the 29th: A resolution compensating Mrs. Annette Harrison; and for other purposes.
Referred to Committee on Appropriations.

FRIDAY, FEBRUARY 13, 1970

869

HR 633. By Mr. Ballard of the 23rd:
A resolution compensating Mr. William P. Roberts; and for other purposes.
Referred to Committee on Appropriations.

HR 636. By Messrs. Colwell of the 5th, Clarke of the 33rd, Paris of the 14th, Poole of the 10th, Dailey of the 53rd, and others:
A resolution compensating Honorable Howard Simmons; and for other purposes.
Referred to Committee on Appropriations.

HR 645. By Mr. Westlake of the 75th: A resolution compensating Mr. T. L. Phillips; and for other purposes.
Referred to Committee on Appropriations.

HR 661. By Mr. Lowrey of the 9th: A resolution compensating Mr. V. S. Nations; and for other purposes.
Referred to Committee on Appropriations.

HR 674. By Mr. Colwell of the 5th:
A resolution compensating Mr. James R. Ledford; and for other purposes.
Referred to Committee on Appropriations.

HR 681. By Mr. Gunter of the 5th:
A resolution compensating Mr. Everett F. Kitchen; and for other purposes.
Referred to Committee on Appropriations.

HR 693. By Mr. Bohannon of the 20th: A resolution compensating Hubert You; and for other purposes.
Referred to Committee on Appropriations.

HR 697. By Mr. Graves of the 9th: A resolution compensating Mr. Bill Pullen; and for other purposes.
Referred to Committee on Appropriations.

870

JOURNAL OF THE SENATE,

HR 700. By Mr. Toles of the 9th:
A resolution compensating Mr. Walter A. Collins; and for other purposes.
Referred to Committee on Appropriations.

HR 702. By Mr. Toles of the 9th: A resolution compensating Mr. Henry Akins; and for other purposes.
Referred to Committee on Appropriations.
HR 705. By Mr. Graves of the 9th: A resolution compensating Mrs. Martha C. Owens; and for other purposes.
Referred to Committee on Appropriations.
HR 707. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th: A resolution proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by one or more owner, heirs or cestui que uses who reside on such property; and for other purposes.
Referred to Committee on Banking and Finance.
HR 711. By Mr. Cole of the 3rd: A resolution compensating Mr. Bob Johnston; and for other purposes.
Referred to Committee on Appropriations.
HR 724. By Mr. Carnes of the 104th: A resolution compensating Mr. Warren A. Presley; and for other purposes.
Referred to Committee on Appropriations.
HR 730. By Mr. Paris of the 14th: A resolution proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County school system of Barrow County into one school district; and for other purposes.
Referred to Committee on County and Urban Affairs.

FRIDAY, FEBRUARY 13, 1970

871

HR 732. By Mr. Collier of the 54th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regulate businesses in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 738. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st: A resolution proposing an amendment to the Constitution so as to provide for the establishment of a downtown Albany Development Authority and to provide for the powers, duties and responsibilities of said Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.
The following bills and resolutions of the Senate and House were read the second time:
SB 529. By Senator Holley of the 22nd: A bill to amend Code Section 24-2715. relating to duties of the Clerks of Superior Courts and Clerks of City Courts, as amended, so as to authorize Clerks of the Superior and City Courts to destroy original pleadings in cases that have been voluntarily dismissed after a period of five years from dismissal; to repeal conflicting laws; and for other purposes.
SB 530. By Senator Smith of the 34th: A bill to require all municipalities with populations of 400,000 or more to sell water at cost; to repeal conflicting laws; and for other purposes.
SB 531. By Senator Johnson of the 38th: A bill to amend an Act granting to incorporated municipalities of this State having a population of more than 300,000, according to the last or any future federal decennial census, certain basic powers, including powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes, so as to provide that the provisions of said Act shall also apply to private property where an accumulation of weeds, trash, junk, filth, etc., shall create a public health hazard or a general nuisance to those persons residing in the vicinity; and for other purposes.
SB 532. By Senator Johnson of the 38th: A bill to authorize municipal corporations in this State having a population of more than 400,000 according to the last or any future Fed-

872

JOURNAL OF THE SENATE,

eral Decennial Census, to become self insurers under the provisions of Georgia Code Annotated, Section 56-2437, to limit the amounts and coverages of self insurance so provided, to provide that certain liability or damages, or liability or damages in certain amounts, shall not be covered or insured; and for other purposes.

SB 533. By Senator Johnson of the 38th:
A bill to amend Chapter 23 of The Code of Georgia of 1933, as amended, relating to surety bonds for public contractors, so as to increase the total amount of the contract price where such bonds shall be required from one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00); to repeal conflicting laws; and for other purposes.

SB 534. By Senator Johnson of the 38th:
A bill to amend an Act to create a system of traffic courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000 by the Federal Census of 1960, so as to allow the governing authority to provide for determination of the number and the civil service status of certain employees of the traffic court; to repeal conflicting laws; and for other purposes.

SB 535. By Senator Kidd of the 25th:
A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to add two more trustees to said Board from the membership of the Mayor and Aldermen of the City of Milledgeville, and to provide methods for filling the positions created; to provide an effective date; to repeal conflicting laws; and for other purposes.

SB 536. By Senator Kidd of the 25th:
A bill to amend an Act causing and establishing a new charter for the City of Milledgeville, as amended, so as to provide that the Mayor and Aldermen of the City of Milledgeville shall elect from their own membership 2 members to the 8th and 9th positions on the Board of Trustees of Georgia Military College, which two members shall hold said positions until their respective terms of office shall expire; to repeal conflicting laws; and for other purposes.

SB 537. By Senator Adams of the 5th:
A bill to amend an Act consolidating and amending the several Acts incorporating the City of Brunswick, so as to delete the requirement that non-returnable personal property shall be taxed at double the assessed value; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

873

SB 538. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

SB 539. By Senator Johnson of the 38th:
A bill to amend Georgia Code Chapter 61-3 re proceedings against tenants holding over, so as to provide for certain procedural and substantive changes; and for other purposes.

SR 286. By Senator Kidd of the 25th:
A resolution creating the Joint Committee to oversee the auditing of the investments of the Employees' Retirement System and Teachers' Retirement System; and for other purposes.

SR 287. By Senators Abney of the 53rd and Coggin of the 35th:
A resolution proposing an amendment to the Constitution, so as to authorize any Governor to succeed himself; and for other purposes.

SR 289. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the City of Perry to grant to certain persons who are 65 years of age or over with limited income an exemption of $2,000.00 from ad valorem taxation on such person's homestead; and for other purposes.

SR 292. By Senator Johnson of the 38th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to establish taxing districts within one or more contiguous counties of the State of Georgia and to provide that counties within such districts may provide certain services and to authorize such counties to levy a tax only upon taxable property within such districts for the purpose of constructing and maintaining facilities; to provide for the submission of this amendment for ratification or rejection ; and for other purposes.

SR 294. By Senator McGill of the 24th:
A resolution authorizing and directing, subject to the prior consent of the State Properties Control Commission, the Governor to transfer by Executive Order the custody, control and jurisdiction of 900 acres, more or less of State owned real property in Hart County, from the State Properties Control Commission to the State Game and Fish Commission; and for other purposes.

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HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.

HB 786. By Mrs. Hamilton of the 112th:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to vacancies occurring in the Board of Aldermen and the Board of Education; and for other purposes.

HB 1077. By Mr. Harris of the 77th:
A bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that within a specified time limitation any Superior Court Judge who had elected to have his widow receive certain benefits to which he would have been entitled may rescind said action and be reimbursed for any contributions; and for other purposes.

HB 1085. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Department of Public Safety, so as to change the rank and pay of the Driver's License Bureau Supervisor; and for other purposes.

HB 1096. By Messrs. Simkins of the 78th, Sherman of the 80th, Barfield of the 71st and Maxwell of the 78th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the issuance of a certificate of title for salvage military or government surplus vehicles, trucks or trailers, and industrial vehicles, trucks and trailers; and for other purposes.

HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th, Felton and Horton of the 95th, Housley of the 117th and Ware of the 30th:
A bill to provide that standards for certain factory built housing prototypes, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing, for any county or municipality of this State; and for other purposes.

HB 1154. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th and Phillips of the 38th:
A bill to amend an Act creating a new charter for the City of West Point, in the County of Troup, so as to change the corporate limits of the city of West Point; and for other purposes.

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875

HB 1209. By Mr. Brantley of the 114th:
A bill to amend an Act establishing a new charter for the City of Alpharetta, so as to change the terms of office of the Mayor, the Council, and City Recorder; and for other purposes.

HB 1321. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th, Lee of the 61st and others:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the provisions relating to credits and exemptions of hospitals and hospital authorities; and for other purposes.

HB 1322. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th and others:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales of water; and for other purposes.

HB 1324. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the Code which shall be designated, and known as Section 91104A.-2 "Procedures that shall be followed by the State Properties Control Commission when the commission is directed by the General Assembly of Georgia to dispose of, sell, or lease any land and all property not included within the definitions of property as defined in Section 91102A"; and for other purposes.

HB 1325. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which said new section shall be designated, and known as Section 91-104A.-1 "Additional Discretionary Powers of the State Properties Control Commission"; and for other purposes.

HB 1384. By Messrs. Mullinax, Blalock, Ware and Potts of the 30th:
A bill to amend an Act regulating intrastate pipeline systems in the State of Georgia, so as to give the Georgia Public Service Commission power and authority to enforce the provisions of this Act by civil monetary penalties and injunctions; and for other purposes.

HB 1388. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th, Carnes of the 104th, and others:
A bill to amend an Act authorizing the Clerk of the Superior Court of any County of the State to install and use photostatic equipment or other

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photographic equipment, so as to authorize the Ordinary of any county to install and use similar equipment; and for other purposes.

HB 1423. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the name of said court to the "Civil and Criminal Court of Worth County" and to provide that said court shall have jurisdiction to try and dispose of certain criminal cases; and for other purposes.

HB 1495. By Messrs. Russell and Keyton of the 70th:
A bill to provide for a Board of Commissioners of Thomas County; and for other purposes.

HB 1508. By Mr. Gunter of the 6th:
A bill to abolish the present mode of compensating the ordinary of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1516. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens County, so as to add an additional member to the Board of Commissioners; and for other purposes.

HB 1517. By Mr. Grahl of the 40th:
A bill to provide for two additional members of the Board of Education of Peach County; and for other purposes.

HB 1518. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act creating a new charter for the City of Griffin, so as to increase the members of the board of commissioners for said city; and for other purposes.

HB 1562. By Mr. Bray of the 31st:
A bill to amend an Act incorporating the City of Woodbury so as to change the corporate limits of said city; and for other purposes.

HR 624. By Messrs. Farrar of the 77th and Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of the bene-

FRIDAY, FEBRUARY 13, 1970

877

fits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia; and for other pur-

SB 540. By Senator Webb of the llth:
A bill to amend an Act placing the clerk of the superior court of Seminole County on a salary basis, so as to change the compensation of said clerk; to repeal conflicting laws; and for other purposes.

SB 544. By Senator Rowan of the 8th:
A bill to provide for an assistant court reporter in certain judicial circuits of this State; to repeal conflicting laws; and for other purposes.

SB 545. By Senator Eldridge of the 7th:
A bill to add one additional judge of the superior courts of the Waycross Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the Governor; to repeal conflicting laws; and for other purposes.

SB 547. By Senator Starr of the 44th:
A bill to amend an Act establishing a Civil and Criminal Court of Clayton County, so as to delete the requirement that costs in all civil cases in said court shall be the same as the costs are in the Superior Court of Clayton County; to repeal conflicting laws; and for other purposes.

HB 1343. By Messrs. Brown and Melton of the 32nd: A bill to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has {registered his machine gun in accordance with the dictates of the National Firearms Act; 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

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JOURNAL OF THE SENATE,

following bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1378. Do pass as amended. HB 1354. Do pass. HB 1287. 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1357. Do pass. Respectfully submitted, Chapman of 32nd District, Chairman.
Senator Hensley of the 33rd District, Chairman of the Committee on Highways, 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 498. Do pass by substitute. HB 282. Do pass as amended. HB 1227. Do pass as amended.
Respectfully submitted, Hensley of 33rd District, Chairman.

Senator Smith of the 18th District, Vice Chairman of the Committee on Rules, submitted the following report:

FRIDAY, FEBRUARY 13, 1970

879

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 264. Do pass.
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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 267. Do pass. Respectfully submitted, Johnson of 38th District, Chairman.

Senator Broun of the 46th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. President:
Your Committee on University System of Georgia 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 773. Do pass. Respectfully submitted, Broun of 46th District, Chairman.

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

HB 1510. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County, so as to change the provisions relating

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to the compensation of the assistants for the Tax Commissioner; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend HB 1510 by changing the word "assistance" where it appears in the caption, line 6, and substituting in lieu thereof the word "assistants".

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.

HB 1093. By Mr. Gaynor of the 88th:
A bill to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, so as to authorize retirement benefits for the judges of said Court; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend HB 1093 by striking in Section 1, quoted Section 28-A on page 1, line 27 the following words: "or if he has become eligible to participate in any other pension plan of either the State of Georgia or Chatham County for retired Judges of said Court." and substitute in lieu thereof the following:
"and provided further, that the amount payable hereunder shall be reduced by such amount as would be payable to such Judge under any other pension plan of either the State of Georgia or Chatham County for retired Judges of said Court in which he has become eligible to participate."

FRIDAY, FEBRUARY 13, 1970

881

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.

SB 515. By Senator London of the 50th:
A bill to create a Board of Commissioners of White County to consist of a Chairman and two other members; to provide for the election of the members of said Board of Commissioners and for their terms of office; 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 519. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter for the City of Lawrenceville, as amended, so as to change the corporate limits; 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.

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SB 520. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter of the Town of Maysville, as amended, so as to increase the term of office of mayor and alderman from one year to two years; 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 1452. By Mr. Gunter of the 6th: A bill to amend an Act creating the Mountain Judicial Circuit, so as to change the terms of court for certain counties comprising said circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1467. By Messrs. Gaynor of the 88th, Ellis of the 91st, Gignilliat of the 89th, Jones of the 87th, Funk of the 92nd and others: A bill to amend an Act providing that the Board of Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide for a ninth member to said Board, who shall have a four-year term of office; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 13, 1970

883

HB 1471. By Messrs. Phillips and Johnson of the 29th:
A bill to authorize the governing authorities of certain counties to create electrical examining boards for the purpose of examining applicants prior to issuing a license authorizing persons to engage in electrical contracting work within such counties; and for other purposes.

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

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

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

HB 1474. By Mr. Brooks of the 17th:
A bill to amend an Act abolishing the present mode of compensating the sheriff of Madison County known as the fee system and providing in lieu thereof an annual salary for said officer, so as to change the additional funds such officer shall receive to compensate 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 42, nays 0.

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

HB 1475. By Mr. Brooks of the 17th: A bill to amend an Act incorporating the City of Arnoldsville, 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 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE SENATE,

HB 1482. 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 authorize the City of Albany to provide for the regulation and impoundment of animals; and for other purposes.

The report 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 1483. By Messrs. Miller of the 83rd, Dodson of the 82nd, Keen, Knapp and Scarborough of the 81st:
A bill to amend an Act establishing the State Court of Bibb County, 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 42, nays 0.

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

HB 1487. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Bowdon, so as to add to the corporate limits of the Town of Bowdon certain tracts 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 42, nays 0.

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

FRIDAY, FEBRUARY 13, 1970

885-

HB 1488. By Messrs. Busbee, Lee, Odom and Hutchinson of the 61st:
A bill to authorize certain counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

The report 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 1491. By Mr. Jones of the 59th:
A bill to amend an Act creating a new charter for the City of Hinesville,. 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 42, nays 0.

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

HB 1502. By Mr. Colwell of the 5th:
A bill to create the Union 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 42, nays 0.

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

HB 1503. By Mr. Colwell of the 5th:
A bill to abolish the present mode of compensating the Ordinary of Union County, known as the fee system; to provide in lieu thereof an annual salary for said officer; and for other purposes.

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JOURNAL OP THE SENATE,

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

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

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

HB 1507. By Messrs. Miles and Simkins of the 78th, Connell of the 79th, Sherman and DeLong of the 80th:
A bill to authorize the coroners of certain counties to appoint 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 42, nays 0.

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

HB 1511. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, so as to change the compensation of the Deputy Clerk, the Docket Clerk, and typist; and for other purposes.

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

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

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

HB 1512. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Bulloch County, so as to change the compensation of the clerical employee; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

887

The report 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 1513. By Messrs. Lane, Nessmith and Parker of the 44th: A bill to amend an Act changing the compensation of the Sheriff of Bulloch County from a fee system to a salary system, so as to change the provisions relating to the additional compensation of the Jailer to cover meals; and for other purposes.
The report 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 1514. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act to provide that the Ordinary of Bulloch County be placed on a salary basis in lieu of a fee basis, so as to change the compensation of the clerical 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 42, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1265. By Mr. Moore of the 6th:
A bill to amend an Act creating the office of Tax Commissioner of Stephens County, so as to change the salary of said Tax Commissioner and to change the method of determining his salary; to provide for

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employees, their compensation and necessary office expenses; and for other purposes.

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

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

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

The following general resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SR 281. By Senator Pincher of the 51st:
A resolution accepting the bid of Downtown Development Corp. F. M. Air Rights Company, and City Center, Inc., a Joint Venture Partnership, for the Lease of the Air Rights above the property owned by the State of Georgia commonly referred to and known as the "Atlanta Union Passenger Station"; and for other purposes.

The President resolved the Senate into a Committee of the Whole for the purpose of considering SR 281.

The Committee of the Whole was dissolved.

Senator Fincher of the 51st, Chairman of the Committee on the Whole, submitted the following report:
"Mr. President, the Committee of the Whole Senate has had under consideration SR 281 and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same do pass."

The report of the Committee of the Whole Senate, which was favorable to the adoption of the resolution, was agreed to.

This being a resolution proposing the transfer of State property, a roll call was ordered, and the vote was as follows:

FRIDAY, FEBRUARY 13, 1970

889

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams ol 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th

Garrard Hardy Hensley Holley Holloway Hudgins Jackson Johnson Kennedy Kidd McGill Miller Patton Pennington Reeder

Reynolds Riley Ro\van Scott Smalley Smith of 34th Spinks Starr Stephens Tysinger Vann Ward Webb Young Zipperer

Voting the negative was Senator London.

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

On the adoption of the resolution, the ayes were 45, nays 1.

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

Senator Holley of the 22nd moved that the Senate appoint a second Conference Committee on the following bill of the Senate:

SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of accountants, as amended, so as to provide that the members thereof may succeed themselves; to repeal conflicting laws; and for other purposes.

On the motion, the ayes were 31, nays 0, and the motion prevailed.

The President appointed as a second Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Holley of the 22nd and Rowan of the 8th.

890

JOURNAL OF THE SENATE,

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

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 purposes.

The House amendment was as follows:
Amend SB 66 by striking Section 1 in its entirety, and inserting in lieu thereof the following:
"Section 1. The annual salary of the sheriff of all counties in the State having a population of 500,000 or more, according to the 1960 United States Census, or any future census, shall be $20,000.00. Said salary shall be payable in equal monthly installments out of the treasuries of such counties."
By striking Section 2 in its entirety, and inserting in lieu thereof the following:
"Section 2. This Act shall become effective on July 1, 1970.

Senator Stephens of the 36th moved that the Senate agree to the House amendment to SB 66.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House amendment to SB 66 was agreed to.

At the direction of the President, Senator Webb of the llth assumed the Chair.

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

SB 467. By Senator Walling of the 42nd:
A bill to amend Title 34A of the Code of Georgia relating to municipal elections, as amended, so as to correct errors and inconsistencies appearing in said Title; to repeal conflicting laws; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

891

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:

Amend SB 467 by adding at the end of line 10 of page 1 the following:

"to provide that in certain cities a candidate to be nominated or elected to public office must receive a majority of the votes cast for that particular office;".

By renumbering Sections 11 through 13 as Sections 12 through 14, respectively, and by inserting following Section 10 a new Section 11 to
read as follows:

"Section 11. Said Title is further amended by adding at the end of Code Section 34A-1407, relating to the vote required for nomination or election and run off primaries and elections, a new subsection (c) to read as follows:

'(c) In all cities having a population in excess of 100,000, according to the latest United States decennial census, in order for a candidate to be nominated for public office in any primary or elected to public office in any election, he must receive a majority of the votes cast to fill such nomination or public office'."

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 35, nays 0.

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

SB 446. By Senators Coggin of the 35th and Riley of the 1st: A bill to amend Code Section 26-2306, relating to the prohibitions against certain officers and employees of State and local governments, so as to provide the procedures under which certain sales by such officers shall be permitted; and for other purposes.
The Committee on Judiciary offered the following substitute:

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JOURNAL OP THE SENATE,

A BILL

To be entitled an Act to amend Code Section 26-2306, relating to the prohibitions against certain officers and employees of State and local governments from selling to such governments, so as to provide the procedures under which certain sales by such officers shall be permitted; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Code Section 26-2306, relating to the prohibitions against certain officers and employees of State and local governments from selling to such governments, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof the following:

"26-2306. Officer or employee selling to government or political subdivision.

(a) State officer or employee selling to government. Any officer or employee of the State or any agency thereof, who, for himself or in behalf of any business entity, sells any personal property tothe State or any agency thereof, unless he shall be the lowest successful bidder on a sealed, competitive bid basis, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years.

(b) Local government officer or employee selling to political subdivision. Any officer or employee of a political subdivision or agency thereof, who, for himself or in behalf of any business entity, sells any personal property to the political subdivision of which he is an officer or employee or to any agency thereof, unless he shall be the lowest successful bidder on a sealed, competitive bid basis, shall be guilty of a felony, and upon conviction therefor, shall be punished by imprisonment for not less than one nor more than five years."

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 Fincher of the 51st offered the following amendment to the Committee substitute.
Amend by inserting after the word "property" and before the word "to" on line 21, page 1, the following:
"valued at more than $1,000.00".

FRIDAY, FEBRUARY 13, 1970

893

By inserting after the word "property" and before the word "to" on line 3 of page 2, the following:

"valued at more than $1,000.00".

On the adoption of the amendment, the ayes were 23, nays 16, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the ayes were 26, nays 12, and the substitute was adopted as amended.

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

On the passage of the bill, Senator Smalley of the 28th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 5th Brown of 47th

Carter Fincher of 51st

Reynolds

Those voting in the negative were Senators:

Abney Andrews Bateman Broun of 46th Chapman Coggin Cox Dean Doss Eldridge <Jarrard Gillis Hardy Hensley Holley Holloway

Hudgins Jackson Johnson Kennedy Kidd London McGill Miller
Noble Padgett
Patton Pennington Plunkett
Reeder Riley Rowan

Scott Searcey Smalley Smith of 18th Spinks Starr
Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

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

894

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 5, nays 47.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Coggin of the 35th gave notice that at the proper time he would move that the Senate reconsider its action on SB 446.
The following general bills of the Senate, favorably reported by the committees, and having been read the third time on February 12 and postponed, were put upon their passage:

SB 454. By Senators Chapman of the 32nd and Hensley of the 33rd: A bill to establish standards to determine what materials are harmful to minors; and for other purposes.
The report 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 5.

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

SB 442. By Senators Kidd of the 25th and Holley of the 22nd:
A bill to prohibit possession of any apparatus, device or instrument for the unauthorized use of drugs; to require that all hypodermic syringes and hypodermic needles be destroyed when no longer in use for authorized medical purposes; to define terms; to provide penalties; and for other purposes.

The Committee on Health and Welfare offered the following substitute:
A BILL
To be entitled an Act to prohibit the sale of hypodermic syringes, needles and other such devices except by a registered pharmacist who shall keep records of such sales; to provide that physicians, dentists, veterinarians, hospitals, clinics and other medical institutions may possess hypodermic syringes, needles and other such devices; to prohibit

FRIDAY, FEBRUARY 13, 1970

895

the discarding of any such syringes, needles or devices unless destroyed so as to prevent further use as hypodermic instruments; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. (a) Any person who shall be found guilty of possessing, selling, giving away, lending or providing a hypodermic syringe, hypodermic needle or any other device which may be used for the purpose of injecting fluid substances into the human body by the process of penetrating the skin or flesh of the human body, except as provided by this Section, shall be guilty of a misdemeanor and punished as provided by law. Notwithstanding the provisions of this subsection, any person, firm or institution licensed by this State to either possess, prescribe or administer prescription drugs, which are those subject to the provisions of 79A-7, may also purchase, obtain and possess such syringes, needles or other such devices, provided that such possession shall be for use by such licensed person, or a person acting on behalf of such licensed person, firm or institution, and provided that if any such syringe, needle or such other device be discarded, such needle, syringe or other such device shall be destroyed in such manner as to prevent further use as a hypodermic needle, hypodermic syringe or other such
device.

(b) Firms or individuals licensed by this State as drug wholesalers, manufacturers or distributors pursuant to Section 79A-512 of the Georgia Code, may possess and distribute such syringes, needles or other such devices, but only to persons, firms or institutions authorized to possess such syringes, needles or other such devices as provided by this Section.

(c) A registered pharmacist, acting in good faith in the normal course of his duties in a licensed pharmacy, may sell, dispense or provide such syringes, needles or devices to:

(1) Persons, firms or institutions as set forth in subsection (a) or subsection (b), or

(2) a registered pharmacist only, acting in good faith and in the normal course of his duties in a pharmacy licensed by this State, may sell, give away or provide such syringe, needle or other such device to any person to be used for legitimate medical purposes in man or animal, provided that such pharmacist shall keep such records of such transaction as prescribed by the Georgia Board of Pharmacy.

(d) Any person may possess such hypodermic syringe, hypodermic needle or other such device provided that such possession is pursuant to the provisions of subsection (c).

Section 2. 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 by adding a new subsection to Section 1 to read as follows

"(e) Provided, however, that nothing in this Section shall prohibit the sale of such needles, syringes or devices by veterinarians, farm supply dealers or veterinary supply dealers of sizes over 5 cc to be used by farmers or veterinarians or others for treatment or prevention of diseases in poultry or livestock."

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment to the Committee substitute was adopted.
Senator Vann of the 10th offered the following amendment to the Committee substitute:
Amend by striking from subsection (d) the words "subsection (c)" and inserting in lieu thereof the words "this Section."
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment to the Committee substitute was adopted.

On the adoption of the substitute, the ayes were 31, 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 31, nays 4.
The bill, having received the requisite constitutional majority, was passed by substitute.

The President resumed the Chair.

The following general resolution of the Senate was read and adopted:

SR 297. By Senators Hensley of the 33rd and Chapman of the 32nd:
A resolution commending the Lockheed-Georgia Company; and for other purposes.

FRIDAY, FEBRUARY 13, 1970

897

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

SR 276. By Senators Chapman of the 32nd, Carter of the 14th, Kennedy of the 4th and others: A resolution creating an interim study committee to study private schools in this State; 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 2.
The resolution, having received the requisite constitutional majority, was adopted.
The following general resolutions of the Senate, favorably reported by the committees, were read the third time, and put upon their passage:
SR 272. By Senator Webb of the llth: A resolution amending a Resolution creating the Constitution Revision Commission, so as to authorize payment of certain members of the 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 274. By Senators Fincher of the 51st, Kidd of the 25th, McGill of the 24th and others: A RESOLUTION
Proposing an amendment to the Constitution so as to change the size of the State Board of Corrections; to provide for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Paragraph I of Section V of Article V of the Constitution is hereby amended by striking Paragraph I in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:

"Paragraph I. There shall be a State Board of Corrections composed of eleven members in charge of the State penal system. The Board shall have such jurisdiction, powers, duties and control of the State penal system and the inmates thereof as shall be provided by law. The five members of the Board of Corrections who were in office when this amendment was ratified shall serve out their respective terms of office and until their successors are appointed and confirmed by the Senate to five-year terms of office. The six new members of said Board created by this amendment shall be appointed by the Governor with the consent of the Senate. The first appointments hereunder shall be for terms of one, two, three, four and two shall be appointed to terms of five years, and their successors shall be appointed to terms of five years each. The members of the board shall each reside in a different Congressional District, except for the eleventh member who shall reside in any Congressional District in the State and whose initial appointment shall be one of these for five years and until his successor is appointed and confirmed by the Senate. The Board shall elect a director of corrections who shall be the executive officer of the Board. The compensation of the director and members of the Board shall be fixed by law."

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 NO ( ) the size of the State Board of Corrections?"

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:

FRIDAY, FEBRUARY 13, 1970

899

Those voting in the affirmative were Senators:

Adams of 26th Andrews Bateman Carter Chapman Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard

Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kidd McGill

Noble Riley Rowan Scott Smith of 18th Starr Tysinger Walling Ward Young Zipperer

Those voting in the negative were Senators:

Abney Adams of 5th Broun of 46th Brown of 47th Cox Kennedy

London Miller Patton Pennington Plunkett Reeder

Reynolds Smalley Vann Webb

The roll call was verified.

On the adoption of the resolution, the ayes were 33, nays 16.

The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Senator Fincher of the 51st gave notice that at the proper time he would move that the Senate reconsider its action on SR 274.
The following general bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage.
SB 512. By Senators Garrard of the 37th, Johnson of the 38th, Stephens of the 36th and others: A bill to amend Code Section 47-102, relating to State Senatorial Districts, as amended, so as to change the descriptions and composition of certain Senatorial Districts; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

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

Senator Johnson of the 38th moved that SB 512 be immediately transmitted to the House.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 512 was immediately transmitted to the House.

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

SB 384. By Senators Trippe of the 31st, Hensley of the 33rd, Fatten of the 40th and others:
A bill to amend an Act known as the "Urban Redevelopment Law", etc., so as to authorize a municipality to dispose of real property in an urban redevelopment area by private sale, without the necessity of advertisement and bids; and for other purposes.

The House amendment was as follows:
Amend SB 384 by striking from line 13 on page 1 the words "Advertisement and" and by striking from line 18 on page 2 the words "advertisement and"

Senator Patton of the 40th moved that the Senate agree to the House amendment to SB 384.

On the motion, the Chair 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

Coggin Cox Dean Doss

FRIDAY, FEBRUARY 13, 1970

90!

Fincher of 51st Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd

London McGill Miller Noble Padgett Fatten Pennington Plunkett Reeder Reynolds Riley Rowan Scott

Searcey Smalley Smith of 18th Spinks Starr Stephens Trippe Tysinger Walling Ward Webb Young Zipperer

Voting in the negative was Mr. Eldridge.

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

On the motion, the ayes were 52, nays 1; the motion prevailed, and the House amendment to SB 384 was agreed to.

Senator Starr of the 44th moved that the following bill of the Senate be withdrawn from consideration by the Senate:

SB 549. By Senator Starr of the 44th:
A bill creating the Clayton Judicial Circuit as amended, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint two assistant district attorneys; to authorize the district attorney to fix the compensation of such assistant district attorneys within a certain salary range; and for other purposes.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 549 was withdrawn from consideration by the Senate.

Senator London of the 50th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 553. 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 delete the requirements that a referendum be held to make this Act effective; and for other purposes.

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JOURNAL OF THE SENATE,

The consent was granted.

Referred to Committee on County and Urban Affairs.

Senator London of the 50th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 554. 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 repeal conflicting laws; and for other purposes.
The consent was granted.
Referred to Committee on County and Urban Affairs.
Senator London of the 50th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 555. 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; and for other purposes.
The consent was granted.
Referred to Committee on County and Urban Affairs.

Senator London of the 50th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 556. By Senator London of the 50th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Fannin County; so as to delete provisions requiring a referendum in order to make said Act effective; to repeal conflicting laws; and for other purposes.

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903

The consent was granted.

Referred to Committee on County and Urban Affairs.

Senator Bateman of the 27th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 557. By Senators Bateman of the 27th, Adams of the 26th, Garrard of the 37th and London of the 50th:
A bill to provide that certain transit systems shall establish a special fare for persons 65 years of age or older; to repeal conflicting laws; and for other purposes.

The consent was granted.

Referred to Committee on Public Utilities and Transportation.

Senator Doss of the 52nd asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 558. By Senator Doss of the 52nd:
A bill to provide that in all counties with populations of not more than 75,000 nor less than 50,000 relating to deposit of costs in divorce cases, as amended, shall not apply, but the Clerks of the Superior Courts in those counties shall not file any divorce case until a fee of $20 has been paid, which fee shall be non-refundable; and for other purposes.

The consent was granted.

Referred to Committee on County and Urban Affairs.

At the direction of the President, Senator Webb of the llth assumed the Chair.

Senator Broun of the 46th moved that the Senate insist on its substitute to the following bill of the House:

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HB 228. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

On the motion, the ayes were 36, nays 0; the motion prevailed, and the Senate substitute to HB 228 was insisted upon.

Senator Rowan of the 8th moved that the Senate insist on its amendment to the following bill of the House:

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

On the motion, the ayes were 35, nays 1; the motion prevailed, and the Senate amendment to HB 1168 was insisted upon.

Senator Holley of the 22nd moved that the following bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Banking and Finance:

HB 1043. By Mr. Gaynor of the 88th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Section shall apply; and for other purposes.

On the motion, the ayes were 29, nays 0; the motion prevailed, and HB 1043 was recommitted to the Committee on Banking and Finance.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built

FRIDAY, FEBRUARY 13, 1970

905

housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

Senator Carter of the 14th offered the following amendment: Amend HB 1102 by striking the language on Line 19, Page 2,
which reads as follows: "in no way",
and by striking on Line 20 of said page, the following: "to be a mobile home.",
and by inserting in lieu thereof the following: "to include mobile homes."

On the adoption of the amendment, Senator Carter of the 14th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Andrews Bateman Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st

Fincher of 54th Jackson Johnson Kennedy London Miller
Noble Plunkett Reeder Riley

Those voting in the negative were Senators:

Abney Adams of 26th Broun of 46th Brown of 47th Garrard Hardy Hensley

Holley Hudgins Kidd McGill Padgett Patton Reynolds

Rowan Scott Searcey Smalley Spinks Stephens Webb Young Zipperer
Smith of 18th Starr Trippe Tysinger Walling Ward

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

On the adoption of the amendment, the ayes were 29, nays 20, and the amendment was adopted.

Senator Noble of the 19th offered the following amendment:
Amend HB 1102 by adding in the title after the word "width" the words "and baled cotton".
By adding in the first paragraph of quoted subsection (f) in Section 1 of said bill before the words "to be transported", the following: "and baled cotton,".
By adding in paragraph (2) of said subsection (f) after the word "housing" the words "or baled cotton".
By adding at the end of paragraph (3) of said subsection (f) the following:
"This paragraph shall not apply to baled cotton."
On the adoption of the amendment, the ayes were 21, nays 17, and the amendment was adopted.

Senator Smalley of the 28th offered the following amendment:
Amend HB 1102 by changing the period at the end of Subsection 3, of quoted Subsection f in Section 1 to a semicolon, and by adding thereafter the following:
"; provided, however, that except between the hours of midnight and six a. m., the Highway Department shall not approve any such movement along any highway which is less than 24 feet wide."

On the adoption of the amendment, the ayes were 14, nays 22, and the amendment was lost.

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

On the passage of the bill, the ayes were 32, nays 12.

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907

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

The President resumed the Chair.

The following resolution of the Senate was taken up for the purpose of considering a House substitute thereto:

SR 228. By Senators Trippe of the 31st, Hensley of the 33rd, Patton of the 40th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that any county, municipality or housing authority may acquire and dispose of open land in undeveloped areas in connection with slum clearance and redevelopment work; and for other purposes.

The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the building, development, improvement, financing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution is hereby amended by adding at the end thereof a new Article to be designated Article XVII and to read as follows:
"ARTICLE XVII Housing
"Section I. The building, development, improvement, financing, expansion and modernization of housing and housing facilities are hereby declared to be public purposes vital to the welfare of the people of this State. The General Assembly is hereby authorized to appropriate funds for such purposes. The General Assembly may create an agency and instrumentality of the State to be named the

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Georgia Housing Finance Authority to promote and further such purposes under such terms and conditions as the General Assembly may provide. The General Assembly may authorize said Authority to issue revenue obligations and revenue anticipation notes, and the indebtedness incurred thereby shall be general obligations of said Authority to be secured by the charges, fees and revenues of said Authority and by such other funds and assets as may be available to the Authority but shall not constitute an indebtedness of the State. The General Assembly may provide for the validation of any revenue obligations authorized by such Authority, and such validation thereafter shall be incontestable and conclusive. The General Assembly may provide the method and procedure for the issuance of revenue anticipation notes with a maturity date not to exceed 10 years without the necessity for validation proceedings. The General Assembly may authorize that revenue anticipation notes of the Authority may be renewed or refunded from time to time as the permanent members of the Authority may deem necessary. The obligations, properties, activities and income of said Authority shall be exempt from taxation.
"Section II. Permanent membership of such Authority shall include the Governor, the Lieutenant Governor, the Speaker of the House, the Attorney General, the State Auditor, the State Treasurer, and the State Budget Officer. Said permanent members shall be responsible for the issuance of all debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred. Said permanent members shall have such additional responsibilities, powers and duties with respect to the Authority as shall be provided by law. The General Assembly may provide for other members of such Authority, as well as for a Director, Assistant Director or Assistant Directors, and for employees, but no persons other than the seven permanent members shall have any authority or responsibility for the issuance of debt and for the proper application of the proceeds thereof.

"Section III. The General Assembly may provide that the Georgia Housing Finance Authority may, in order to carry out its purposes, (a) make rules and regulations; (b) set charges and fees to be paid and charged; (c) establish standards and classifications of housing; (d) purchase or acquire, or contract to purchase and acquire, promissory notes and other evidences of indebtedness or participations therein which are secured by deeds to secure debt, mortgages or other liens; (e) define and establish qualifications and standards for limited-profit or nonprofit borrower-sponsors of housing; (f) lend funds of the Authority to qualified borrowersponsors under such laws and under such supervision as may be established by the General Assembly and by the rules and regulations of the Authority; (g) secure the loans made by the Authority to qualified borrower-sponsors by taking promissory notes secured by deeds to secure debt or mortgages from such qualified borrowersponsors; (h) pledge or assign the promissory notes and deeds to secure debt or mortgages from such borrower-sponsors as security for revenue obligations or revenue anticipation notes, and further to pledge and assign the fees and income of the Authority as

FRIDAY, FEBRUARY 13, 1970

909

security for the Authority's debt; (i) make short-term loans to qualified borrower-sponsors for the limited purpose of meeting the preliminary costs and regulatory requirements of the Authority and the United States Government or other lenders or grantors which are necessary and preliminary to such borrower-sponsor's obtaining a grant or loan for the construction or improvement of housing; (j) pledge and assign the revenue of the Authority, its evidences of indebtedness, promissory notes and participations therein secured by deeds to secure debt, mortgages, or other liens as security for the revenue obligations and revenue anticipation notes; and (k) take such action as may be necessary to carry out such other program or programs which are consistent with its purposes.

"Section IV. Notwithstanding any other provision of this Constitution, the General Assembly may provide by law that the State or any county or municipality or any county and municipality, may exempt housing erected under the authority of this amendment from State and local ad valorem taxes for the period of time during which the Georgia Housing Finance Authority holds any evidence of indebtedness on said housing."

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 provide that the building, development, improvement, financ-
NO ( ) ing, expansion and modernization of housing and housing facilities are public purposes and to authorize the appropriation of funds for such purposes; to authorize the General Assembly to create an agency and instrumentality of the State to be named the Georgia Housing Finance Authority to promote and further such purposes; to provide for the membership, powers and duties of said Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

Senator Hensley of the 33rd moved that the Senate agree to the House substitute to SR 228.

On the motion, the ayes were 35, nays 1; the motion prevailed, and the House substitute to SR 228 was agreed to.

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

HB 1216. By Messrs. Atherton of the 117th, Horton of the 95th, Smith of the 3rd, and others: A bill to amend Code Section 79A-402, relating to the qualifications of applicants for registration as a licensed pharmacist, so as to remove certain provisions relating to the type of practical experience required by an applicant; and for other purposes.
The report 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 468. By Senator Walling of the 42nd: A bill to amend an Act providing for home rule for municipalities so as to clarify the provision limiting home rule for the purpose of affecting the procedures connected with the election or appointment of members of the municipal governing 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 35, nays 1.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a second Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate, to-wit:

FRIDAY, FEBRUARY 13, 1970

911

SB 281. By Senator Holley of the 22nd:
A bill to amend Code Chapter 84-2, relating to certification of accountants, so as to provide that the members thereof may succeed themselves; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Vaughn of the 74th, Gaynor of the 88th, and Pinkston of the 81st.

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 228. By Mr. Gignilliat of the 89th and Mr. Battle of the 90th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Harris of the 77th, Gunter of the 6th, and Gignilliat of the 89th.

The following communication was received from His Excellency, Governor Lester G. Maddox:
February 13, 1970
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:

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JOURNAL OF THE SENATE,

Honorable H. Zack Smith, Jr., of Bulloch County as a member of the State Board for Children and Youth for a term beginning February 11, 1970, and ending July 1, 1973.

Dr. R. Hunter Rackley of Jenkins County as a member of the Board of Dental Examiners of Georgia for a term beginning February 13, 1970, and ending March 15, 1974.

Honorable Richard Royal of Mitchell County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973.

Honorable William A. Crider, Jr. of Coffee County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973.

Honorable Rik Bridges of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor.

Honorable Rickey Stephens of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor.

Miss Vicky Perry of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and servingat the pleasure of the Governor.

Honorable Rick DaPrato of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor.

Honorable Harvey Averett Walker of Mitchell County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor.

Respectfully submitted,

LM:jc

/s/ Lester Maddox Lester Maddox Governor

Senator Eldridge of the 7th, Chairman of the Committee on Senate Administrative Affairs, submitted the following report:
Mr. President:
Your Committee on Senate Administrative Affairs has read and examined the following bills of the Senate, and has instructed me, as Chairman, to report

FRIDAY, FEBRUARY 13, 1970

913

the same back to the Senate as correct and ready for transmission to the Governor:
SB 344. SB 345. SB 346.
Respectfully submitted, Eldridge of the 7th District, Chairman.

At the direction of the President, Senator Searcey of the 2nd assumed thei Chair.

Senator Hensley of the 33rd moved that the Senate do now adjourn until 8:30 o'clock A. M. tomorrow, and the motion prevailed.

The Chair announced the Senate adjourned until 8:30 o'clock A. M.. tomorrow.

914

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia, Saturday, February 14, 1970.

The Senate met pursuant to adjournment at 8:30 o'clock A.M. today, and was called to order by the President.

Senator Coggin of the 35th reported that the journal of yesterday's proceedings 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 446. By Senators Coggin of the 35th and Riley of the 1st:
A bill to amend Code Section 26-2306, relating to the prohibitions against certain officers and employees of State and local governments from selling to such governments, so as to provide the procedures under which certain sales by such officers shall be permitted; and for other purposes.

On the motion to reconsider, the ayes were 32, nays 0; the motion prevailed, and SB 446 was placed on the Senate Calendar.

Senator Kidd of the 25th moved that the Senate reconsider its action of yesterday on the following resolution of the Senate:

SR 274. By Senators Fincher of the 51st, Kidd of the 25th, McGill of the 24th and others:
A resolution proposing an amendment to the Constitution so as to change the size of the State Board of Corrections; and for other purposes.

On the motion to reconsider, the ayes were 9, nays 22; the motion was lost, and SR 274 was not reconsidered.

Senator Coggin of the 35th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

SATURDAY, FEBRUARY 14, 1970

915

Scripture reading and prayer were offered by Reverend Ted Cosmato, pastor, First Baptist Church of Hapeville, Hapeville, Georgia.

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. James Kaufmann, and as the nurse of the day, Miss 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 1204. By Mr. Dodson of the 82nd:
A bill to fix the fees of the clerks of the superior courts of certain counties for certain services; and for other purposes.

HB 1473. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Worth County, so as to change the compensation of said officer; and for other purposes.

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JOURNAL OF THE SENATE,

HE 1522. By Mr. Punk of the 92nd:
A bill to incorporate the City of Savannah Beach, Tybee Island; to create a new charter for said City; to provide the corporate boundaries of said City; and for other purposes.

HB 1530. By Mr. Dickinson of the 118th:
A bill to change the corporate limits of any municipality in this State having a population of not less than 4,440 nor more than 4,470; and for other purposes.

HB 1543. By Messrs. Chandler and Harrington of the 34th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 9,213 and not more than 9,640; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; and for other purposes.

HB 1547. By Messrs. Matthews and Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Colquitt County and defining their powers and duties, so as to provide that the County of Colquitt shall be divided into five commissioner districts, and that one commissioner shall be elected from each of said Districts; and for other purposes.

HB 1548. By Messrs. Matthews and Bostick of the 63rd:
A bill to provide that the County of Colquitt shall be divided into five districts, and that one member of the Colquitt Board of Education shall be elected from each such district; and for other purposes.

HB 1563. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Banks County, so as to change the provisions relating to the election of members of said Board of Commissioners; and for other purposes.

HB 1577. By Messrs. Kreeger and Wilson of the 117th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to authorize the Board of Education of the City of Marietta to establish a medical and hospitalization insurance program for certain personnel subject to the jurisdiction of the Board; and for other purposes.

HB 1578. By Messrs. Kreeger, Wilson and McDaniell of the 117th:
A bill to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporat-

SATURDAY, FEBRUARY 14, 1970

91T

ing said town as a city, so as to change the corporate limits of said city; and for other purposes.

HB 1579. By Mr. Kreeger of the 117th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the day of the annual election; to increase the compensation of the mayor and councilmen; and for other purposes.

HB 1580. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss, Atherton and Henderson of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to authorize the district attorney to employ an additional part-time assistant district attorney who shall be assigned to the Juvenile Court of Cobb County; and for other purposes.

HB 1581. By Mr. Kreeger of the 117th:
A bill to amend an Act establishing a new charter for the City of Acworth, so as to provide for penalties for violations of any ordinance,, rules and regulations of said city; to provide for installation and construction of improvements; and for other purposes.

HB 1582. By Mr. Colwell of the 5th:
A bill to create the Towns County Industrial Development Authority; and for other purposes.

HB 1583. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to reincorporate the Town of Marshallville and to make same a city; to create a new charter for said city; and for other purposes.

HB 1584. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the ordinary of Lanier County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1585. By Mr. Pafford of the 64th:
A bill to create a new board of education of Lanier County; and for other purposes.

HB 1586. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the sheriff of Bleckley County upon an annual salary, so as to change the number of deputies and their compensation; and for other purposes.

'918

JOURNAL OF THE SENATE,

HB 1587. By Messrs. Anderson and Holder of the 49th:
A bill abolishing the present mode of compensating the tax collector of Bleckley County, so as to change the compensation of the tax collector; and for other purposes.

HB 1588. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner; and for other purposes.

HB 1590. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act amending, revising, and enlarging the charter for the City of Conyers, so as to change the mode of electing the mayor and aldermen and their terms of office; and for other purposes.

HB 1592. By Messrs. Salem and Rush of the 51st:
A bill incorporating the City of Lyons, so as to change the number of votes of the councilmen required to override the veto of the mayor of any ordinance, order, or resolution of the council; and for other purposes.

HB 1593. By Messrs. Maxwell, Miles and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A bill to provide for a budget in certain counties of this State; to define terms "authorities", "budget officer" and "budget commission" as used in this Act; and for other purposes.

HB 1594. By Mr. Harrison of the 66th:
A bill to create the Camden County Historical Commission; and for other purposes.

HB 1596. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act changing the method of selecting the members of the Board of Education of Miller County, so as to provide for the compensation of the chairman and members of the Board of Education; and for other purposes.

HB 1597. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.

SATURDAY, FEBRUARY 14, 1970

919

HB 1599. By Mr. Wheeler of the 57th:
A bill to amend an Act amending, consolidating, creating, revising and superseding the several acts incorporating the City of Blackshear in the County of Pierce, so as to provide for the election of a Judge of the Mayor's Court in the event that the Mayor is disqualified or fails to act as Judge of said court; and for other purposes.

HB 1600. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Santa Clause, so as to change the name of said City; and for other purposes.

HB 1601. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A bill to repeal an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit", so as to provide for additional compensation; and for other purposes.

HB 1602. By Mr. Clarke of the 33rd:
A bill to provide a new charter for the City of Flovilla; and for other purposes.

HB 1608. By Mr. Kreeger of the 117th:
A bill to amend the charter of the City of Powder Springs in the County of Cobb, so as to create a new charter for said city; to prescribe the corporate limits; and for other purposes.

HB 1610. By Mr. DeLong of the 80th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to define the jurisdiction and powers of said court; and for other purposes.

HB 1611. By Messrs. Nunn and Peterson of the 41st:
A bill to repeal an Act incorporating the municipality of Elberta; and for other purposes.

HB 1614. By Mr. Jones of the 59th:
A bill to amend an Act providing for the compensation of the sheriff and clerk of the superior court of Liberty County, so as to change the compensation of the sheriff; and for other purposes.

920

JOURNAL OF THE SENATE,

HB 1616. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County, so as to change the compensation of Deputy Tax Commissioner; and for other purposes.

HB 1617. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compensation of Tax Commissioner; and for other purposes.

HB 1619. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Marion County, so as to change the provisions relating to the compensation of the Sheriff and deputy sheriff; and for other purposes.

HB 1620. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Marion County into the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1626. By Mr. Lambert of the 25th:
A bill to place the Official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis in connection with criminal cases; and for other purposes.

HB 1639. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases;", so as to increase the compensation of the court reporter; and for other purposes.

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

:HR 742. By Messrs. Hudson and Dorminy of the 48th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority; and for other purposes.

SATURDAY, FEBRUARY 14, 1970

921

HR 743. By Messrs. Maxwell and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A resolution proposing an amendment to the Constitution so as to authorize the city council of Augusta as the governing authority to establish historic zones within designated areas of the city; and for other purposes.

HR 806. By Messrs. Atherton, Burruss, Kreeger, Wilson, Henderson and McDaniell of the 117th:
A resolution proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; and for other purposes.

The House has passed hy the requisite constitutional majority the following ill of the Senate, to-wit:

SB 449. By Senator McGill of the 24th:
A bill to amend an Act creating a Small Claims Court for Wilkes County, so as to enlarge the jurisdiction of said Court; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 474. By Senator Dean of the 6th:
A bill incorporating and creating a new charter for the City of Jesup, as amended, so as to provide for recall of the city commissioners, including the mayor, by the voters of the city; to repeal conflicting laws; and for other purposes.

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

HB 894. By Messrs. Miles, Maxwell, and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A bill to create the Augusta-Richmond County Transportation Authority; and for other purposes.

HB 1228. By Messrs. Evans, Scarborough, Dodson and Knapp of the 81st and Miller of the 83rd:
A bill to amend Code Section 49-701, relating to the distribution and

922

JOURNAL OF THE SENATE,

custody of certain funds for minors and insane persons who have no guardian, so as to provide that executors and administrators may pay over to the ordinaries moneys belonging to missing heirs; and for other purposes.

HB 1323. By Messrs. Wamble of the 69th, Keyton of the 70th and Snow of the 1st:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales to the United States of America, the State of Georgia, or any county or municipality of this State; and for other purposes.

HB 1416. By Messrs. Smith of the 3rd, Adams of the 100th and Carnes of the 104th:
A bill to amend an Act entitled "An Act to provide for the registration and regulation of cemeteries", so as to provide that the assets of the trust funds required to be established may be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies; and for other purposes.

HB 1484. By Mr. Matthews of the 16th:
A bill to amend Code Chapter 9-4, relating to the regulation of the practice of law, so as to provide that staff instructors may also participate in an approved legal aid program; and for other purposes.

HB 1540. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the ordinary of Butts County upon an annual salary, so as to increase the clerical allowance for the ordinary; and for other purposes.

HB 1613. By Messrs. Geisinger of the 72nd, Dodson of the 82nd, Westlake of the 75th, Collins of the 72nd, Holder of the 49th, Smith of the 3rd and Floyd of the 75th:
A bill to amend Code Section 88-2709, relating to illegal traffic in human bodies, so as to allow payments by the Board for distribution of unclaimed dead bodies to next of kin for burial benefits similar to those paid by the Social Security Administration, Veterans Administration, and the Railroad Retirement System; and for other purposes.

HR 39. By Messrs. Edwards and Black of the 45th, Dailey of the 53rd, Bray of the 31st, Phillips of the 38th, Knowles of the 22nd, Roach of the

SATURDAY, FEBRUARY 14, 1970

923

10th, Sorrells of the 24th, Ballard of the 23rd, Parker of the 46th and others:
A resolution designating the Bobwhite Quail as the official Georgia State Bird; and for other purposes.

HR 519. By Mr. Parker of the 46th:
A resolution proposing an amendment to the Constitution to exempt peanuts grown in this State and stored in licensed or bonded warehouses, regardless of ownership from all ad valorem taxation; and for other purposes.

HR 722. By Messrs. Knapp, Keen, Evans and Pinkston of the 81st and Miller of the 83rd:
A resolution proposing an amendment to the Constitution, so as to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles owned by religious organizations or groups and used solely for religious purposes and from which no income is derived; and for other purposes.

HB 1023. By Mr. Bohannon of the 20th:
A bill to provide that no department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces employment with such department, agency or board merely because she is the wife of a serviceman; and for other purposes.

HB 1196. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Revenue Bond Law", so as to remove the provision limiting the interest rates of revenue bonds to 7% per annum; and for other purposes.

HB 1197. By Mr. Lambert of the 25th:
A bill to amend Code Section 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, so as to remove the provision limiting the interest rates of revenue certificates of hospital authorities to 7% per annum; and for other purposes.

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st, Mullinax of the 30th, Edwards of the 45th, Peters of the 2nd, Dickinson of the 118th and Kreeger of the 117th and others:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish

924

JOURNAL OF THE SENATE,

Commission, so as to change the provisions for compensating the Director of the State Game and Fish Commission; and for other purposes.

HB 1251. By Mr. Lambert of the 25th:
A bill to create the Georgia Insurers Insolvency Pool which will provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obligations; and for other purposes.
HB 1375. By Mr. Rainey of the 47th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions for disposing of contraband wildlife or parts thereof which has been seized under the provisions, of said Act; and for other purposes.

HB 1490. By Messrs. Chandler of the 34th and Holder of the 49th:
A bill to amend Code Chapter 84-9, relating to the regulation and licensing of practitioners of medicine, so as to provide that otherwise qualified applicants, who possess certain institutional licenses authorizing the applicant to practice medicine in certain State institutions shall be eligible to take the examination required of applicants wishing to practice medicine in this State; and for other purposes.

HB 1520. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Section 92-6911, relating to the meetings and duties of the board of tax assessors, so as to authorize the board to mail notices of corrections, changes or equalizations on real and personal property of taxpayers by registered or certified mail; and for other purposes.

HB 1525. By Mr. Adams of the 100th:
A bill to amend an Act establishing a merit system of personnel administration for State employees, so as to provide whereby employees of the Legislative Branch of Government may be granted Merit System status in the same manner as employees of the Executive Branch of Government; and for other purposes.

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

SATURDAY, FEBRUARY 14, 1970

925

HB 1090. By Mr. Wamble of the 69th:
A bill to amend an Act authorizing the creation of an office within the State Division of Conservation, so as to provide that said office may be created within any department of the executive branch; and for other purposes.

HB 1117. By Messrs. Jones of the 87th, Whaley of the 93rd, Ellis of the 91st, Battle of the 90th, Wheeler of the 57th, Rush of the 51st and others:
A bill to amend Code Chapter 27-1 relating to proceedings prior to arrest, so as to provide for a reward to be paid to persons furnishing information leading to the arrest and conviction of a person charged with the crime of murder when the victim of such murder was a police officer; and for other purposes.

HB 1156. By Messrs. Chandler of the 34th, Lambert of the 25th and Busbee of the 61st:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine the term "security"; and for other purposes.

HB 1182. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt fish feed from the taxes imposed by said Act; and for other purposes.

HB 1350. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 26-1503, relating to criminal trespass, so as to provide that a person commits criminal trespass when he knowingly and without authority enters the dwelling house or any other building of another person; and for other purposes.

HB 1351. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 26-1601, relating to burglary, so as to remove the requirement that a person enter or remain "without authority" in a dwelling house of another or any building, vehicle, railroad car, watercraft, or other such structure designed for use as a

926

JOURNAL OF THE SENATE,

dwelling of another, in order to commit burglary; to rewrite said Code Section so as to eliminate any possible misunderstanding of its intent; and for other purposes.

HR 694. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd: A resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.
The House has agreed to the Senate amendments to the following bills of the House, to-wit:
HB 327. By Messrs. Smith of the 3rd and Horton of the 95th: A bill to establish the Georgia State Board of Hearing Aid Dealers and Dispensers; and for other purposes.

HB 1142. By Messrs. Murphy of the 19th, Smith of the 43rd, Paris of the 14th, Parker of the 46th, Lane of the 44th, Floyd of the 7th, Dean of the 19th and others:
A bill to amend an Act establishing the State Employees' Retirement System, so as to provide for a minimum monthly disability retirement benefit for certain members of the Uniform Division of the Department of Public Safety; and for other purposes.
The House has adopted the following resolutions of the Senate and House, to-wit:

SR 252. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution endorsing the Agricultural Museum project in Tift County; and for other purposes.

HR 739. By Mr. Melton of the 32nd:
A resolution creating the Georgia Motor Transport Study Committee; and for other purposes.

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

SATURDAY, FEBRUARY 14, 1970

927

Mr. President:

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

HB 1373. By Mr. Rainey of the 47th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to repeal an Act prohibiting the possession of certain shrimp; to provide for the revocation of certain licenses; and for other purposes.

HB 1670. By Mr. Rainey of the 47th:
A bill to regulate the taking and possessing of salt water crawfish; and for other purposes.

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

.Mr. President:

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

HR 655. By Messrs. Murphy of the 19th and Chandler of the 34th:
A resolution authorizing and directing the State Properties Control Commission to amend the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. lease dated December 26, 1950; and for other purposes.

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

SB 559. By Senator Fincher of the 51st:
A bill to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, as amended, so as to change the compensation of the commissioner of Cherokee County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

928

JOURNAL OF THE SENATE,

SB 560. By Senator Fincher of the 51st:
A bill to amend an Act placing the sheriff of Cherokee County and the clerk of the superior court of Cherokee County on a salary system in lieu of the fee system, as amended, so as to change the compensation of the sheriff's deputies and the jailer; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SB 561. By Senator Coggin of the 35th: A bill to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, so as to authorize planning commissions to enter into agreements with political subdivisions and planning commissions, by whatever name known, in adjacent states; to provide an effective date; and for other purposes.
Referred to Committee on Economy, Reorganization & Efficiency in Government.
SR 302. By Senators Adams of the 26th and Tysinger of the 41st: A resolution creating the examining Boards Study Committee; and for other purposes.
Referred to Committee on Rules.
SR 303. By Senator Johnson of the 38th: A resolution creating the Study Committee on Consumer Affairs; and for other purposes.
Referred to Committee on Rules.

SR 304. By Senators Plunkett of the 30th and Webb of the llth:
A resolution ratifying and approving the Nineteenth Amendment to the Constitution of the United States of America; and for other purposes.
Referred to Committee on Judiciary.

SR 305. By Senators Walling of the 42nd, Pennington of the 45th and Broun of the 46th:
A resolution creating a Committee on Natural and Human Ecology; and for other purposes.
Referred to Committee on Rules.

SATURDAY, FEBRUARY 14, 1970

929

SR 306. By Senator Chapman of the 32nd:
A resolution authorizing the Senate Health and Welfare Committee to meet for 20 days during the interim; and for other purposes.
Referred to Committee on Rules.

SR 307. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the consolidation, merger and combination of the tax functions of each incorporated municipality located within Houston County with such functions of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to Committee on County and Urban Affairs.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 894. By Messrs. Miles, Maxwell, and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A bill to create the Augusta-Richmond County Transportation Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1023. By Mr. Bohannon of the 20th:
A bill to provide that no department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces employment with such department, agency or board merely because she is the wife of a serviceman; and for other purposes.
Referred to Committee on Industry and Labor.

HB 1090. By Mr. Wamble of the 69th:
A bill to amend an Act authorizing the creation of an office within the State Division of Conservation, so as to provide that said office may be created within any department of the executive branch; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1117. By Messrs. Jones of the 87th, Whaley of the 93rd, Ellis of the 91st, Battle of the 90th, Wheeler of the 57th and others:
A bill to amend Code Chapter 27-1 relating to proceedings prior to

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arrest, so as to provide for a reward to be paid to persons furnishing information leading to the arrest and conviction of a person charged with the crime of murder when the victim of such murder was a police officer; and for other purposes.
Referred to Committee on Judiciary.

HB 1156. By Messrs. Chandler of the 34th, Lambert of the 25th and Busbee of the 61st:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine the term "security"; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1182. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.
Referred to Committee on Retirement.

HB 1196. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Revenue Bond Law", so as to remove the provisions limiting the interest rates of revenue bonds to 7% per annum; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1197. By Mr. Lambert of the 25th:
A bill to amend Code Section 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, so as to remove the provision limiting the interest rates of revenue certificates of hospital authorities to 7% per annum; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st, Mullinax of the 30th and others:
A bill to amend an Act completely and exhaustively revising and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions for compensating the Director of the State Game and Fish Commission; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

SATURDAY, FEBRUARY 14, 1970

931

HB 1204. By Mr. Dodson of the 82nd:
A bill to fix the fees of the clerks of the superior courts of certain counties for certain services; and for other purposes.
Referred to Committee on Judiciary.

HB 1228. By Messrs. Evans, Scarborough, Dodson and Knapp of the 81st and Miller of the 83rd:
A bill to amend Code Section 49-701, relating to the distribution and custody of certain funds for minors and insane persons who have no guardian, so as to provide that executors and administrators may pay over to the ordinaries moneys belonging to missing heirs; and for other purposes.
Referred to Committee on Judiciary.

HB 1251. By Mr. Lambert of the 25th:
A bill to create the Georgia Insurers Insolvency Pool which will provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obligations; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1323. By Messrs. Wamble of the 69th, Keyton of the 70th and Snow of the 1st:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales to the United States of America; the State of Georgia, or any county or municipality of this State; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1416. By Messrs. Smith of the 3rd, Adams of the 100th and Games of the 104th:
A bill to amend an Act entitled "An Act to provide for the registration and regulation of cemeteries", so as to provide that the assets of the trust funds required to be established may be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd: A bill to amend an Act known as the "Georgia Retailers' and Consumers'

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JOURNAL OF THE SENATE,

Sales and Use Tax Act", so as to exempt fish feed from the taxes imposed by said Act; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1350. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 26-1503, relating to criminal trespass, so as to provide that a person commits criminal trespass when he knowingly and without authority enters the dwelling house or any other building of another person; and for other purposes.
Referred to Committee on Judiciary.

HB 1351. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 26-1601, relating to burglary, so as to remove the requirement that a person enter or remain "without authority" in a dwelling house of another or any building, vehicle, or other such structure designed for use as a dwelling of another, in order to commit burglary; to rewrite said Code Section so as to eliminate any possible misunderstanding of its intent; and for other purposes.
Referred to Committee on Judiciary.

HB 1375. By Mr. Rainey of the 47th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions for disposing of contraband wildlife or parts thereof which has been seized under the provisions of said Act; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1473. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Worth County, so as to change the compensation of said officer; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1484. By Mr. Matthews of the 16th:
A bill to amend Code Chapter 9-4, relating to the regulation of the practice of law, so as to provide that staff instructors may also participate in an approved legal aid program; and for other purposes.
Referred to Committee on Judiciary.

SATURDAY, FEBRUARY 14, 1970

933

HB 1490. By Messrs. Chandler of the 34th and Holder of the 49th:
A bill to amend Code Chapter 84-9, relating to the regulation and licensing of practitioners of medicine, so as to provide that otherwise qualified applicants, who possess certain institutional licenses authorizing the applicant to practice medicine in certain State institutions shall be eligible to take the examination required of applicants wishing to practice medicine in this State; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1520. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Section 92-6911, relating to the meetings and duties of the board of tax assessors, so as to authorize the board to mail notices of corrections, changes or equalizations on real and personal property of taxpayers by registered or certified mail; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1522. By Mr. Funk of the 92nd:
A bill to incorporate the City of Savannah Beach, Tybee Island; to create a new charter for said City; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1525. By Mr. Adams of the 100th:
A bill to amend an Act establishing a merit system of personnel administration for State employees, so as to provide whereby employees of the Legislative Branch of Government may be granted Merit System status in the same manner as employees of the Executive Branch of Government; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1530. By Mr. Dickinson of the 118th:
A bill to change the corporate limits of any municipality in this State having a population of not less than 4,440 nor more than 4,470; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1540. By Mr. Clarke of the 33rd: A bill to amend an Act placing the ordinary of Butts County upon an

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JOURNAL OF THE SENATE,

annual salary, so as to increase the clerical allowance for the ordinary; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1543. By Messrs. Chandler and Harrington of the 34th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 9,213 and not more than 9,640; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1547. By Messrs. Matthews and Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Colquitt County and defining their powers and duties, so as to provide that the County of Colquitt shall be divided into five commissioner districts and that one commissioner shall be elected from each of said Districts; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1548. By Messrs. Matthews and Bostick of the 63rd:
A bill to provide that the County of Colquitt shall be divided into five districts, and that one member of the Colquitt Board of Education shall be elected from each such district; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1563. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Banks County, so as to change the provisions relating to the election of members of said Board of Commissioners; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1578. By Messrs. Kreeger, Wilson and McDaniell of the 117th:
A bill to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

SATURDAY, FEBRUARY 14, 1970

935

HB 1577. By Messrs. Kreeger and Wilson of the 117th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to authorize the Board of Education of the City of Marietta to establish a medical and hospitalization insurance program for certain personnel subject to the jurisdiction of the Board; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1579. By Mr. Kreeger of the 117th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the day of the annual election; to increase the compensation of mayor and councilmen; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1580. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss, Atherton and Henderson of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to authorize the district attorney to employ an additional part-time assistant district attorney who shall be assigned to the Juvenile Court of Cobb County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1581. By Mr. Kreeger of the 117th:
A bill to amend an Act establishing a new charter for the City of Acworth so as to provide for penalties for violations of any ordinance, rules and regulations of said city; to provide for installation and construction of improvements; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1582. By Mr. Colwell of the 5th:
A bill to create the Towns County Industrial Development Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1583. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to reincorporate the Town of Marshallville and to make same a city; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1584. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the ordinary of Lanier 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 1585. By Mr. Pafford of the 64th:
A bill to create a new board of education of Lanier County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1586. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the sheriff of Bleckley County upon an annual salary, so as to change the number of deputies and their compensation; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1587. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act abolishing the present mode of compensating the tax collector of Bleckley County, so as to change the compensation of the tax collector; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1588. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1590. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act amending, revising, and enlarging the charter for the City of Conyers, so as to change the mode of electing the mayor and aldermen and their terms of office; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1592. By Messrs. Salem and Rush of the 51st:
A bill incorporating the City of Lyons, so as to change the number of votes of the councilmen required to override the veto of the mayor of

SATURDAY, FEBRUARY 14, 1970

937

any ordinance, order, or resolution of the council; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1593. By Messrs. Maxwell, Miles and Simkins of the 78th and others:
A bill to provide for a budget in certain counties of this State; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1594. By Mr. Harrison of the 66th:
A bill to create the Camden County Historical Commission; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1596. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act changing the method of selecting the members of the Board of Education of Miller County, so as to provide for the compensation of the chairman and members of the Board of Education; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1597. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1599. By Mr. Wheeler of the 57th:
A bill to amend an Act amending, consolidating, creating and superseding the several acts incorporating the City of Blackshear in the County of Pierce, so as to provide for the election of a Judge of the Mayor's Court in the event that the Mayor is disqualified; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1600. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Santa Clause, so as to change the name of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.

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JOURNAL OP THE SENATE,

HB 1601. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A bill to repeal an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit", so as to provide for additional compensation; and for other purposes.
Referred to Committee on Judiciary.

HB 1602. By Mr. Clarke of the 33rd:
A bill to provide a new charter for the City of Flovilla; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1608. By Mr. Kreeger of the 117th:
A bill to amend the charter of the City of Powder Springs in the County of Cobb, so as to create a new charter for said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1610. By Mr. DeLong of the 80th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to define the jurisdiction and powers of said court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1611. By Messrs. Nunn and Peterson of the 41st:
A bill to repeal an Act incorporating the municipality of Elberta; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1613. By Messrs. Geisinger of the 72nd, Dodson of the 82nd, Westlake of the 75th and others:
A bill to amend Code Section 88-2709, relating to illegal traffic in human bodies, so as to allow payments by the Board for distribution of unclaimed dead bodies to next of kin for burial benefits similar to those paid by the Social Security Administration; and for other purposes.
Referred to Committee on Health and Welfare.

SATURDAY, FEBRUARY 14, 1970

939

HB 1614. By Mr. Jones of the 59th:
A bill to amend an Act providing for the compensation of the sheriff and clerk of the superior court of Liberty County, so as to change the compensation of the sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1616. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County, so as to change the compensation of Deputy Tax Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1617. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1619. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Marion County, so as to change the provisions relating to the compensation of the Sheriff and deputy sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1620. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Marion County into the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1626. By Mr. Lambert of the 25th:
A bill to place the Official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis in connection with criminal cases; and for other purposes.
Referred to Committee on Judiciary.

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JOURNAL OF THE SENATE,

HB 1639. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases;", so as to increase the compensation of the court reporter; and for other purposes.
Referred to Committee on Judiciary.

HE 39. By Messrs. Edwards and Black of the 45th, Dailey of the 53rd and others:
A resolution designating the Bobwhite Quail as the official Georgia State Bird; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

HR 519. By Mr. Parker of the 46th:
A resolution proposing an amendment to the Constitution to exempt peanuts grown in this State and stored in licensed or bonded warehouses, regardless of ownership from all ad valorem taxation; and for other purposes.
Referred to Committee on Banking and Finance.

HR 694. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd:
A resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

HR 722. By Messrs. Knapp, Keen, Evans and Pinkston of the 81st and Miller of the 83rd:
A resolution proposing an amendment to the Constitution, so as to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles owned by religious organizations or groups and used solely for religious purposes and from which no income is derived; and for other purposes.
Referred to Committee on Banking and Finance.

HR 739. By Mr. Melton of the 32nd:
A resolution creating the Georgia Motor Transport Study Committee; and for other purposes.
Referred to Committee on Rules.

SATURDAY, FEBRUARY 14, 1970

941

HR 742. By Messrs. Hudson and Dorminy of the 48th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 743. By Messrs. Maxwell and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A resolution proposing an amendment to the Constitution so as to authorize the city council of Augusta as the governing authority to establish historic zones within designated areas of the city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 806. By Messrs. Atherton, Burruss, Kreeger, Wilson, Henderson and McDaniell of the 117th:
A resolution proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1373. By Mr. Rainey of the 47th:
A bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to repeal an Act prohibiting the possession of certain shrimp; to provide for the revocation of certain licenses; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1670. By Mr. Rainey of the 47th:
A bill to be entitled an Act to regulate the taking and possessing of salt water crawfish; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HR 655. By Messrs. Murphy of the 19th and Chandler of the 34th:
A resolution authorizing and directing the State Properties Control Commission to amend the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. lease dated December 26, 1950; and for other purposes.
Eeferred to Committee on Public Utilities and Transportation.

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JOURNAL OF THE SENATE,

The following bills and resolutions of the Senate and House were read the second time:

SB 541. By Senator McGill of the 24th:
A bill to prohibit exclusion of persons from any public school in the State of Georgia on account of race, creed, color or national origin; to prohibit assignment, districting or zoning on account of race, creed, color or national origin; to repeal conflicting laws; and for other purposes.

SB 542. By Senator Andrews of the 49th:
A bill to amend Code Section 56-407.1, relating to uninsured motorist protection, so as to further define an unknown owner or operator by providing for those instances in which an operator or owner may be known at the time of the collision but cannot thereafter be found by the insured even though the insured may exercise all reasonable efforts; to repeal conflicting laws; and for other purposes.

SB 543. By Senator Andrews of the 49th:
A bill to provide for a procedure in the settlement of tort cases involving the claims of minors; to repeal conflicting laws; and for other purposes.

SB 546. By Senator Kidd of the 25th:
A bill creating and establishing a small claims court in and for Wilkinson County; to repeal conflicting laws; and for other purposes.

SB 548. By Senators Patton of the 40th, Coggin of the 35th, Stephens of the 36th and others:
A bill providing for a Board of Elections in counties of more than 500,000, so as to change the name of such Board of Elections and of the Elections Supervisor; to extend the authority of said board and supervisor over the registration of electors; and for other purposes.

SB 550, By Senator Johnson of the 38th:
A bill to amend an Act entitled "An Act to establish the Criminal Court of Atlanta, and in pursuance thereof to amend an Act to establish the City Court of Atlanta, and for other purposes"; by adding and providing for an additional judge of the Criminal Court of Fulton County; to repeal conflicting laws; and for other purposes.

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943

SB 551. By Senator Stephens of the 36th:
A bill to amend Code Section 92-2902, relating to annual fees for operating motor vehicles, as amended, so as to change certain provisions relating to house and auto trailers; to repeal conflicting laws; and for other purposes.

SB 552. By Senators Coggin of the 35th and 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, as amended, so as to provide that the State Board of Corrections shall have no authority with respect to misdemeanor offenders or with respect to those felons who receive misdemeanor punishment; to repeal conflicting laws; and for other purposes.

SB 553. By Senator London of the 50th:
A bill creating the office of Commissioner of Roads and Revenues of Fannin County; so as to delete the requirements that a referendum be held to make this Act effective; to repeal conflicting laws; and for other purposes.

SB 554. 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 repeal conflicting laws; and for other purposes.

SB 555. 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 repeal conflicting laws; and for other purposes.

SB 556. By Senator London of the 50th:
A bill consolidating the offices of tax receiver and tax collector of Fannin County, so as to delete provisions requiring a referendum in order to make said Act effective; to repeal conflicting laws; and for other purposes.

SB 557. By Senators Bateman of the 27th, Adams of the 26th, Garrard of the 37th, London of the 50th:
A bill to provide that certain transit systems shall establish a special

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JOURNAL OF THE SENATE,

fare for persons 65 years of age or older; to repeal conflicting laws; and for other purposes.

SB 558. By Senator Doss of the 52nd:
A bill to provide that in all counties with populations of not more than 75,000 nor less than 50,000 relating to deposit of costs in divorce cases, as amended, shall not apply, but the Clerks of the Superior Courts in those counties shall not file any divorce ease until a fee of $20 has been paid, which fee shall be non-refundable; to repeal conflicting laws; and for other purposes.

SR 295. By Senators Coggin of the 35th and Padgett of the 23rd:
A resolution proposing an amendment to the Constitution, co as to provide for the appointment of two additional members to the State Board of Pardons and Paroles; and for other purposes.

HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver's licenses, so as to provide for the examination of all holders of driver's licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1970; and for other purposes.

HB 1032. By Mr. Games of the 104th:
A bill to regulate the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; to provide penalties; and for other purposes.

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State officials, employees and appointees of the legislative, executive and judicial branches of the State government and to regulate the conduct of said persons; and for other purposes.

HB 1370. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meaning such terms have in the U. S. Internal Revenue Code of 1954; and for other purposes.

SATURDAY, FEBRUARY 14, 1970

945

HB 1397. By Mr. Sorrells of the 24th:
A bill to amend an Act incorporating the City of Social Circle, so as to increase the corporate limits; and for other purposes.

HB 1442. By Mr. Dodson of the 82nd:
A bill to create the Macon-Bibb County "Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County"; and for other purposes.

HB 1456. By Mr. Connell of the 79th:
A bill to amend Code Section 92-6202.1 relating to the automatic return of property for taxation and claiming certain exemptions, so as to include within the provisions thereof personal property exemptions; and for other purposes.

HB 1464. By Mr. Longino of the 98th:
A bill to amend Code Section 13-405, relating to the fees to cover the cost of examinations of banks, so as to increase the fees in order to support the cost of operating the Department of Banking; and for other purposes.

HB 1478. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A bill to amend an Act providing for the appointment of an associate judge of the city court of certain counties, so as to extend the provisions of said Act for one additional year; and for other purposes.

HB 1504. By Mr. McClatchey of the 113th:
A bill to amend Georgia Laws 1957 Pages 134, 150 as amended known as the Georgia Securties Law, so as to provide that the exemption regarding sales to not more than twenty-five persons as therein defined and stated shall be on a cumulative twelve months basis; and for other purposes.

HB 1509. By Mr. Scarlett of the 67th:
A bill to amend an Act creating a Department of Public Safety, so as to authorize the members of the Uniform Division of the Department to make arrests, serve and execute warrants, and enforce in general the criminal laws of this State on property owned by the State or its departments; and for other purposes.

'946

JOURNAL OP THE SENATE,

HB 1515. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to provide that the Attorney General shall represent each commission in legal matters; and for other purposes.

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purpose of providing ambulance services for emergency care and treatment; and for other purposes.

HB 1528. By Mr. Reaves of the 71st:
A bill to amend an Act creating a new charter for the City of Quitman, so as to provide that a candidate must receive a majority of the votes cast for a particular office in the city election in order to be elected to said office; and for other purposes.

HB 1529. By Mr. Paris of the 14th:
A bill to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Barrow County upon an annual salary, so as to change the provisions relating to the compensation of certain personnel within the sheriff's office; and for other purposes.
HB 1531. By Mr. Shanahan of the 8th:
A bill to create a new Board of Education of Gordon County; and for other purposes.

HB 1533. By Messrs. Levitas, Thomason, Harris and Parrar of the 77th, Jordan of the 74th and others:
A bill to amend an Act authorizing the establishment of a merit system in DeKalb County for employees of DeKalb County, so as to place the Chief of the DeKalb County Police Department under the DeKalb County Merit System; and for other purposes.

HB 1537. By Messrs. Mason and Nash of the 13th:
A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a court reporter for said Circuit; and for other purposes.

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94T

HB 1538. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County upon an annual salary in lieu of the fee system of compensation, so as to provide for a contingent expense allowance for the sheriff; and for other purposes.

HB 1539. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes.

HB 1542. By Mr. Clarke of the 33rd:
A bill to provide for the addition of two members of the Board of Education of Monroe County; and for other purposes.

HB 1544. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for McDuffie County; and for other purposes.

HB 1545. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for Glascock County; and for other purposes.

HB 1546. By Mr. Knowles of the 22nd:
A bill to amend an Act creating a board of county commissioners for Henry County, so as to clarify certain provisions relating to the districts from which commissioners are elected; and for other purposes.

HB 1549. By Messrs. Matthews and Fallin of the 63rd:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to include certain described properties within the corporate limits of said City; and for other purposes.

HB 1552. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the Tax Commissioner of Crawford County, known as the fee system; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1553. By Mr. Grahl of the 40th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members of said Board of Commissioners; and for other purposes.

HB 1554. 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 provide for a base salary for the newly-elected sheriffs and their deputies; and for other purposes.

HB 1555. 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 provide for a base annual salary with annual raises for four years; and for other purposes.

HB 1556. By Mr. Grahl of the 40th:
A bill to amend an Act fixing the compensation of the Treasurer of Crawford County, so as to change the compensation of said Treasurer; and for other purposes.

HB 1557. By Mr. Grahl of the 40th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Crawford County and providing in lieu thereof an annual salary, so as to provide for a base salary for each newlyelected Ordinary of Crawford County; and for other purposes.

HB 1559. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional property; and for other purposes.

HB 1560. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act placing the sheriff of Echols County on an annual salary in lieu of the fee system of compensation, so as to change the ceiling on the salary of the sheriff; and for other purposes.

HB 1561. By Mr. Smith of the 43rd:
A bill to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative thereto; and for other purposes.

SATURDAY, FEBRUARY 14, 1970

949

HB 1564. By Messrs. Burruss, McDaniell, Kreeger, Housley, Wilson of the 117th and others:
A bill to amend the "Paulding County Water Authority", so as to prohibit certain contracts by the Authority; to provide for the removal of members who violate certain provisions of the Act; to provide for competitive bidding; and for other purposes.

HB 1565. By Messrs. Higginbotham, Floyd and Davis of the 75th, Harris,, Levitas, Farrar and Thomason of the 77th and others:
A bill to change the compensation of the judges of the juvenile courts, in certain counties; and for other purposes.

HB 1568. By Mr. Conner of the 56th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide that candidates for the election to the board of commissioners from each ward shall receive a majority of votes cast; and for other purposes.

HB 1569. By Mr. Conner of the 56th:
A bill to create a small claims court in certain counties of this states to provide for the appointment, duties, powers, compensation, qualifications, substitutions and tenure of office of the judges of such courts^ and for other purposes.

HB 1570. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Taylor County into one office of tax commissioner of Taylor County, so as to change the compensation of the tax commissioner; and for other purposes.
HB 1571. By Messrs. Edwards and Black of the 45th: A bill to amend an Act abolishing the fee system of compensation for the sheriff of Taylor County and providing in lieu thereof an annual salary for said officer, so as to provide an expense allowance for the sheriff for the operation of the sheriff's automobile; and for other purposes.
HB 1572. By Messrs. Cook and Gates of the 95th, Adams of the 100th, Shepherd of the 107th, Sims of the 106th, Felton of the 95th and others:
A bill to authorize and direct the governing authorities of all municipalities with populations of 400,000 or more, to impose a license fee not to exceed $100 per annum, upon each person who practices astrology for a fee; and for other purposes.

'950

JOURNAL OF THE SENATE,

HB 1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A bill to abolish the present mode of compensation for the ordinary of Baker County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

:HB 1604. By Mr. Harrison of the 66th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to change the days on which the meetings of the board are held; and for other purposes.

HB 1606. By Mr. Ployd of the 7th:
A bill to amend an Act consolidating the laws chartering the City of Summerville, so as to provide for certiorari directly from decisions rendered in the mayor's or recorder's court of the City of Summerville; and for other purposes.

HB 1607. By Mr. Floyd of the 7th:
A bill to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensation of the deputies; and for other purposes.

:HB 1523. By Messrs. McClatchey of the 113th, Winkles of the 96th, Geisinger of the 72nd and others:
A bill to prescribe a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000; to provide that such buses may not be operated on the National System of Interstate and Defense Highways; to provide a definition of "Urban Transit Systems"; and for other purposes.
HB 1468. By Messrs. Games of the 104th, Adams of the 100th, Marcus of the 105th and others:
A bill to provide for two additional Judges of the Superior Court of the Atlanta Circuit at such time as exclusive original jurisdiction of any actions heretofore subject to the Juvenile Court of the County with the Circuit is transferred to the Superior Court; and for other purposes.

HB 1612. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to create a new board of education of Bulloch County; and for other purposes.

SATURDAY, FEBRUARY 14, 1970

951

HR 299. By Mr. Pafford of the 64th: A resolution compensating Mr. Willis Holloway; and for other purposes.

HR 520. By Messrs. Crowe, Snow and Hale of the 1st:
A resolution compensating Mr. Charles J. Strain; and for other purposes.

HR 541. By Mr. Salem of the 51st: A resolution compensating Mr. Jimmy W. Hall; and for other purposes*

HR 554. By Messrs. Rush and Salem of the 51st: A resolution to compensate Tattnall County; and for other purposes.

HR 562. By Mr. Harris of the 10th:
A resolution compensating Mr. Robert Ayles and Miss Robbin Ayles;; and for other purposes.

HR 563. By Mr. Harris of the 10th: A resolution to compensate Mr. A. M. Cagle; and for other purposes.

HR 564. By Mr. Rush of the 51st: A resolution compensating Mrs. Mary E. Carter; and for other purposes.

HR 550. By Mr. Paris of the 14th: A resolution compensating Mr. Boyd Garner; and for other purposes.

HR 565. By Messrs. Williams and Cooper of the llth:
A resolution to compensate Mr. George Frank Cash; and for other purposes.

HR 579. By Mr. Brown of the 32nd:
A resolution compensating Hensley Office Equipment Company; and for other purposes.

952

JOURNAL OF THE SENATE,

HR 596. By Mr. Johnson of the 29th:
A resolution compensating Mr. William P. Roberts; and for other purposes.

HR 633. By Mr. Ballard of the 23rd:
A resolution compensating Mr. William P. Roberts; and for other purposes.

HR 636. By Messrs. Colwell of the 5th, Clarke of the 33rd, Paris of the 14th, Poole of the 10th, Dailey of the 53rd, and others:
A resolution compensating Honorable Howard Simmons; and for other purposes.

HR 645. By Mr. Westlake of the 75th: A resolution compensating Mr. T. L. Phillips; and for other purposes.

HR 661. By Mr. Lowrey of the 9th: A resolution compensating Mr. V. S. Nations; and for other purposes.

HR 674. By Mr. Colwell of the 5th:
A resolution compensating Mr. James R. Ledford; and for other purposes.

HR 681. By Mr. Gunter of the 5th:
A resolution compensating Mr. Everett F. Kitchen; and for other purposes.

HR 693. By Mr. Bohannon of the 20th: A resolution compensating Hubert You; and for other purposes.

HR 697. By Mr. Graves of the 9th: A resolution compensating Mr. Bill Pullen; and for other purposes.

HR 700. By Mr. Toles of the 9th:
A resolution compensating Mr. Walter A. Collins; and for other purposes.

SATURDAY, FEBRUARY 14, 1970

953

HR 702. By Mr. Toles of the 9th: A resolution compensating Mr. Henry Akins; and for other purposes.

HR 705. By Mr. Graves of the 9th:
A resolution compensating Mrs. Martha C. Owens; and for other purposes.

HR 707. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:
A resolution proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by one or more owner, heirs or cestui que uses who reside on such property; and for other purposes.

HR 711. By Mr. Cole of the 3rd: A resolution compensating Mr. Bob Johnston; and for other purposes.

HR 724. By Mr. Carnes of the 104th:
A resolution compensating Mr. Warren A. Presley; and for other purposes.

HR 730. By Mr. Paris of the 14th:
A resolution proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County school system of Barrow County into one school district; and for other purposes.

HR 732. By Mr. Collier of the 54th:
A resolution proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regulate businesses in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.

HR 738. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a downtown Albany Development Authority and to provide for the powers, duties and responsibilities of said Authority; and for other purposes.

954

JOURNAL OF THE SENATE,

The following reports of standing committees were read by the Secretary:

Senator Holley of the 22nd District, Chairman of the Committee on Banking & Finance, submitted the following report:

Mr. President:

Your Committee on Banking & Finance has had under consideration the following 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 517. Do pass. SB 521. Do pass. SB 522. Do pass. SB 523. Do pass. SB 524. Do pass. HB 1043. Do pass. HB 1096. Do pass. HB 1321. Do pass. HB 1322. Do pass. HB 1358. Do pass. HB 1422. Do pass. HB 1481. Do pass. HR 587. Do pass.
Respectfully submitted, Holley of 22nd 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 follow-

SATURDAY, FEBRUARY 14, 1970

955

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

HB 1100. Do pass by substitute.

Respectfully submitted, Plunkett of 30th District, Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations :
SB 528. Do not pass.
HB 1391. Do pass.
Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 532. Do pass.
SB 535. Do pass.
SB 536. Do pass.

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JOURNAL OF THE SENATE,

SB 537. Do pass. SB 538. Do pass. SB 540. Do pass. SB 544. Do pass by substitute. SB 547. Do pass. HB 1095. Do pass. HB 1230. Do pass. HB 1231. Do pass. HB 1232. Do pass. HB 1233. Do pass. HB 1234. Do pass. HB 1414. Do pass. HB 1423. Do pass. HB 1498. Do pass as amended. HB 1516. Do pass. HB 1517. Do pass. HB 1524. Do pass. HB 1562. Do pass.
SR 289. Do pass. HR 665. Do pass by substitute.

Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 546. Do pass.

SATURDAY, FEBRUARY 14, 1970

957

SB 548. Do pass. SB 558. Do pass as amended. HB 1209. Do pass. HB 1389. Do pass. HB 1392. Do pass. HB 1397. Do pass. HB 1413. Do pass. HB 1465. Do pass. HB 1478. Do pass. HB 1518. Do pass. HB 1528. Do pass. HB 1529. Do pass. HB 1537. Do pass. HB 1546. Do pass. HB 1549. Do pass. HB 1559. Do pass. HB 1560. Do pass. HB 1564. Do pass. HB 1575. Do pass. HB 1606. Do pass. HB 1607. Do pass. HB 1612. Do pass. HR 730. Do pass. HR 732. Do pass.

Respectfully submitted, Brown of 47th District, Acting 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

958

JOURNAL OF THE SENATE,

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

SB 461. 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 683. Do pass.

Respectfully submitted, Chapman of 32nd District, Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, 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 280. Do pass by substitute.
Respectfully submitted, Hensley of 33rd District, Chairman.

SATURDAY, FEBRUARY 14, 1970

959

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

SB 338. Do pass.

Respectfully submitted, Smalley of 28th 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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

SR 304. Do 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 resolutions of the Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:

960

JOURNAL OF THE SENATE,

SR 89. Do pass. SR 271. Do pass by substitute.

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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 266. Do pass as amended.
Respectfully submitted, Johnson of 38th District, Chairman.

The following bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SB 387. By Senators Chapman of the 32nd, Brown of the 47th and Fincher of the 51st:
A bill to prohibit operation of clinical laboratories in this State unless licensed pursuant to this Act; to require licensure of laboratory directors and supervisors; and for other purposes.

Senator Chapman of the 32nd offered the following amendment:
Amend SB 387 by inserting at the end of Section 1 the following:
"(e) operated by duly licensed physicians exclusively in connection with the diagnosis and treatment of their own patients."
By striking from subsection (b) of Section 8 the following:

SATURDAY, FEBRUARY 14, 1970

961

"four (4)",

and by inserting in lieu thereof the following:

"three (3)".

By inserting in lieu of the period at the end of subsection (d) of Section 8 a semicolon and the word "and", and the following shall be inserted immediately following said subsection (d) :

"(e) one member of the Committee shall be an active hospital administrator.".

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

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

On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
The following bill of the Senate, having been passed on February 12 and reconsidered on February 13, was put upon its passage:

SB 429. By Senator Kidd of the 25th:
A bill to amend an Act providing minimum requirements for agents of the Bureau of Investigation of the Department of Public Safety, so as to provide that the Director may employ agents who do not meet the requirements of said Act, which agents shall be assigned to overt or covert drug abuse investigations; to repeal conflicting laws; and for other purposes.

Senator Smalley of the 28th offered the following amendment:
Amend SB 429 by striking the quoted material of Section 1 in its entirety and by substituting the following:
"The Director is hereby authorized to employ not more than three agents to investigate overt and covert drug abuse. Such

962

JOURNAL OF THE SENATE,

agents need not meet established physical, educational, or residential requirements, except that no person less than 18 years of age shall be so employed."

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

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

On the passage of the bill, the ayes were 36, nays 0.

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

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

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.

The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", approved February 28, 1960 (Ga. L. 1960, p. 7), as amended by an Act approved March 11, 1964 (Ga. L. 1964, p. 451), and an Act approved April 18, 1967 (Ga. L. 1967, p. 780), so as to require that any employer who withholds or should withhold more than $300.00 in certain months shall pay the amount withheld or which should have been withheld to the State Revenue Commissioner by a certain date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Section 5 of an Act known as the "Current Income Tax Payment Act of 1960", approved February 28, 1960, (Ga. L. 1960,

SATURDAY, FEBRUARY 14, 1970

963

p. 7, as amended by an Act approved March 11, 1964 (Ga. L. 1964, p. 451), and an Act approved April 18, 1967 (Ga. L. 1967, p. 780), is hereby amended by adding thereto a new subsection to be designated "(c)" to read as follows:

"(c) If the amount of taxes which are deducted and withheld or which should be deducted and withheld under authority of this Act for any month other than March, June, September or December should exceed $300.00, the amount deducted and withheld or the amount which should have been deducted and withheld for such month shall be paid to the Commissioner by the fifteenth day of the following month. The amount so paid shall be included in the quarterly return for the calendar quarter including the month for which payment is made and such payment shall be credited against the amount shown to be due on the quarterly return."

Section 2. This Act shall become effective April 1, 1970.

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 2, and the substitute was adopted.

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

On the passage of the bill, 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 Brown of 47th Carter Chapman Coggin Pincher of 54th Gillis Hardy Holley Holloway

Hudgins Jackson Johnson Kennedy Kidd London Padgett Plunkett Reeder Riley Rowan Scott

Searcey Smalley Smith of 18th Spinks Starr Trippe Vann Walling Ward Webb Young

964

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Adams of 26th Bateman Broun of 46th Doss Eldridge

Garrard Hensley McGill Miller Patton

Pennington Reynolds Smith of 34th Stephens Tysinger

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

On the passage of the bill, the ayes were 35, nays 15.

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

Senator Webb of the llth asked unanimous consent that a statement explaining his vote on HB 864 be recorded in the Journal, and the consent was granted.

The statement was as follows:
Senator Webb of the llth votes aye on HB 864 with the following explanation of his vote:
"I consider it fiscally unwise for any part of the funds generated by this Act to be appropriated at this Session, and shall oppose any proposal to expend such funds by appropriation at this Session."
Julian Webb, Senator llth District.

Senator Plunkett of the 30th asked unanimous consent that a statement explaining his vote on HB 864 be recorded in the Journal, and the consent was
granted.

The statement was as follows:
Senator Plunkett of the 30th voted aye on HB 864 with the following statement that he is of the opinion that it would be unwise to expend the funds generated by this bill in this Session of the General Assembly.
Lamar R. Plunkett

SATURDAY, FEBRUARY 14, 1970

965

At the direction of the President, Senator Holley of the 22nd assumed the Chair.

The following general bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SB 498. By Senator Hensley of the 33rd:
A bill to amend an Act providing that the State Highway Board shall construct and maintain those portions of the State-aid system of roads lying within the corporate limits of municipalities, so as to provide for the State Highway Board to maintain all portions of the State-aid road systems within municipalities; and for other purposes.

The Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to amend an Act providing that the State Highway Department shall construct and maintain those portions of the State-aid system of roads lying within the corporate limits of municipalities, approved April 5, 1961 (Ga. Laws 1961, p. 469), as amended by an Act approved April 28, 1969 (Ga. Laws 1969, p. 843), so as to provide for the State Highway Department to maintain all portions of the State-aid road systems within municipalities; to authorize the Department to contract with municipalities for the maintenance of systems; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing that the State Highway Department shall construct and maintain those portions of the State-aid system of roads lying within the corporate limits of municipalities, approved April 5, 1961 (Ga. Laws 1961, p. 469), as amended by an Act approved April 28, 1969 (Ga. Laws 1969, p. 843), is hereby amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. The State Highway Department shall maintain the riding surface, road bed and shoulders (where they exist) of all streets and highways, or parts thereof, lying within the corporate limits of municipalities which are or shall become a part of the State-aid system of roads. The cost of said maintenance is to be paid out of the funds allocated annually to the State Highway Department. The State Highway Department shall have the authority to contract with the municipalities for such maintenance."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

966

JOURNAL OF THE SENATE,

On the adoption of the substitute, the ayes were 39, nays 2, and the substitute was adopted.

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

On the passage of the bill, the ayes were 36, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.
The following general resolutions of the Senate and House, favorably reported by the committees, were put upon their passage:

SR 264. By Senators Tysinger of the 41st and Garrard of the 37th:
A resolution creating the State Agencies Physical Space Facilities 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 1.

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

SR 267. By Senators Walling of the 42nd and Pennington of the 45th:
A resolution urging the State Board of Education to conduct a study as to the feasibility of introducing into the Public School System instruction in environment and natural resource; 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.

SATURDAY, FEBRUARY 14, 1970

967

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

HR 625. By Messrs. Parker of the 44th, Peterson of the 41st, Joiner of the 35th and others:
A resolution urging the State Board of Education to discontinue issuing Life Professional Certificates to teachers; 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 1.

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

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

HB 746. By Messrs. Ballard of the 23rd, Farmer of the 16th and Sorrells of the 24th:
A bill to amend an Act providing for the issuance of automobile license tags to disabled veterans, so as to provide for the issuance of such license tags 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 33, nays 0.

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

HB 1136. By Mr. Lewis of the 37th:
A bill to amend an Act creating the Georgia Historical Commission, so as to remove the provision placing a ceiling on the salary of employees of the Commission; and for other purposes.

968

JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 36, nays 0.

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

HB 1139. By Mr. Toles of the 9th:
A bill to amend the "Georgia Military Forces Reorganization Act of 1955", so as to provide that the Secretary of State shall be authorized to furnish, without cost, to the various public schools of this State, State flags; and for other purposes.

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

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

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

HB 412. By 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.

The Committee on Industry and Labor offered the following substitute:
To be entitled an Act to prohibit the use, sale, fabrication, assembly, glazing, installation of products commonly known as sliding glass doors, entrance doors, fixed glazed panels, storm doors, shower doors, tub enclosures or other glazed structures for use in hazardous locations, or on any public bus or train unless they contain safety glazing material; to define terms; to require certain labeling; to require posting, painting or marking of certain doors; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SATURDAY, FEBRUARY 14, 1970

969

Section 1. Definitions. As used in this Act:

(a) "Safety glazing material" means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the requirements of the USA Standard Z-97.1-1966 or such requirements as are or may be hereafter adopted by the Georgia State Department of Labor, and which are so constructed, treated or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material.

(b) "Hazardous locations" means those glazed structures in residential, commercial and public buildings known as sliding glass doors, entrance doors or adjacent fixed glazed panels, which may cover or be mistaken for means of ingress or egress, storm doors, shower doors, or tub enclosures whether or not the glazing in such doors, panels or enclosures are transparent and all doors, windows and mirrors on public buses and trains.
(c) "Installer" includes those persons or concerns who or which install glazing materials or build structures containing glazing materials, in hazardous locations.
(d) "Manufacturer" means a person who manufactures safety glazing material.
(e) "Fabricator" means a person who fabricates, assembles, or glazes from component parts such structures or products commonly known as sliding glass doors, entrance doors, adjacent fixed glazed panels, storm doors, shower doors, bath tub enclosures, panels to be fixed glazed, entrance doors, or other structures to be glazed, to be used or installed in hazardous locations.

Section 2. Labeling. Each light of safety glazing material manufactured, distributed, imported, sold or installed within the State of Georgia shall be permanently labeled by the manufacturer of the glazing material by etching, sand blasting or ceramic material fired on the glass, and be visible after glazing. The label shall identify the manufacturer, thickness and type of safety glazing material and that it meets the requirements of USA Standard Z-97.1-1966 or such requirements as are or may be hereafter adopted by the Georgia Department of Labor. The use of such labeling or identification on other than safety glazing materials shall be a violation of this Act.

Section 3. Posting, Painting or Marking. Transparent glass or plastic doors in commercial or public places in buildings open to the public, must in addition to use of safety glazing materials, be posted, painted, or otherwise marked in such a manner as to alert the public as to their presence. Such posting, painting, or marking shall also be required in those places previously glazed with non-safety glazing materials, prior to the effective date of this Act.
Section 4. Unlawful Acts. It shall be unlawful, for use in the

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State of Georgia, to knowingly sell, fabricate, assemble, glaze, install or consent to be installed any product commonly known as a sliding glass door, entrance door, fixed glazed panel adjacent to an entrance door which may be mistaken for means of ingress or egress, storm door, shower door, tub enclosure or any other glazed structure for use in any hazardous locations, or any glazing material on any public bus or train, where said product, glazing material or glazed structure contains any glass or glazing product other than safety glazing material.

Section 5. Penalty. Whoever violates the provisions of this Act shall be guilty of a misdemeanor and punished accordingly.

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 32, nays 0, and the substitute was adopted.

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

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

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

HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th and others:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to exhaust systems, brakes and windshield wipers; and for other purposes.

The Committee on Highways offered the following amendment:
Amend HB 282 by striking the next to last sentence of quoted paragraph (1) of Section 3 in its entirety and inserting in lieu thereof a new next to last sentence, to read as follows:
"The inspector shall remove at least one wheel from the vehicle, except those vehicles equipped with removable plates allowing visual inspection, in order to determine that the brake linings, drums and shoes are in a safe and serviceable condition."

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971

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

Senator Vann of the 10th offered the following amendment:
Amend HB 282 by adding in Section 1 at line 30 following the word "Semi-trailer" the words "horse trailer."

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 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.

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

HB 228. By Messrs. Gignilliat of the 89th and Battle of the 90th: A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.
Senator Broun of the 46th moved that the Senate adhere to its substitute to HB 228, and that a Conference Committee be appointed.
On the motion, the ayes were 30, nays 0; the motion prevailed, and the Senate adhered to its substitute to HB 228.
The Chair appointed as a Conference Committee on the part of the Senate the following:
Senators Broun of the 46th, Smalley of the 28th and Zipperer of the 3rd.

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The President resumed the Chair.

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

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th: A bill to amend Code Section 79-A-9911, relating to penalties for violating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered paragraph of this Section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; and for other purposes.
The Committee on Health and Welfare offered the following amendment:
Amend HB 1378 by striking from line 7 on page 3 the words "one" and "five", and by inserting in lieu thereof the words "five" and "ten".
On the adoption of the amendment, the ayes were 34, nays 0, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend HB 1378 by adding to page 3 line 1 after the words "other person," "gives" so the sentence on lines 1 and 2 shall read "Who, by himself, agent, or through any other person, gives, sells, offers for sale, barters or exchanges with etc."
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 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.

SATURDAY, FEBRUARY 14, 1970

973

HB 1301. By Mr. Conger of the 68th:
A bill to be entitled an Act to reenact Section 13 of an Act approved March 9, 1945 entitled "An Act creating the State Ports Authority"; authorizing the Authority to promote, develop, construct, equip, maintain and operate at any of the seaports of this State, terminal facilities of all kinds; and for other purposes.

The report 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 1354. By Messrs. Jones of the 87th, Moore of the 6th, Smith of the 39th, Northcutt of the 21st and others:
A bill to be entitled an Act to amend Code Section 79-A-905, relating to seizure of certain drugs, equipment or conveyances, and providing for condemnation and disposal of merchandise, so as to authorize any law enforcement official to seize certain merchandise, equipment and articles pursuant to said Section, in like manner and authority as the State Board of Pharmacy; and for other purposes.

The report 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 1210. By Messrs. Westlake of the 75th, Jones of the 59th, Farmer of the 16th and others:
A bill to be entitled an Act to amend Code Chapter 47-10 relating to lobbying, so as to change the provisions relating to registration with the Secretary of State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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

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

HB 1287. By Messrs. Jordan of the 74th and Wheeler of the 18th:
A bill to be entitled an Act to prohibit the distribution, sale or delivery of prescription eyeglasses or sunglasses unless said eyeglasses or sunglasses are fitted with heat treated glass lenses, plastic lenses or laminated lenses; and for other purposes.

The report 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 1147. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th and others:
A bill to be entitled an Act to authorize Area Planning and Development Commissions to undertake certain activities to facilitate the development of housing, and in connection therewith, to authorize said Commissions to assist political subdivisions in the development of certain agreements and provide certain technical assistance to public bodies; and for other purposes.

The report 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 658. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A bill to be entitled an Act to amend an Act known as the "Georgia Building Authority (Hospital) Act", so as to increase the amount of

SATURDAY, FEBRUARY 14, 1970

975

bonds which the authority may issue at any one time; and for other purposes.

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

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

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

HB 1240. By Mr. Williams of the llth:
A bill to be entitled an Act to amend Code Section 68-502, relating to the definitions of terms pertaining to the regulation of motor carriers, so as to provide that the term "motor carrier" shall not include motor vehicles engaged in the transportation of poultry and processed poultry; and for other purposes.

The report 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 1326. By Messrs. Moore of the 6th and McClatchey of the 113th: A bill to be entitled an Act to authorize and direct county boards of education and county school superintendents to accept, adopt and withhold salary deductions for known annuity contracts of school teachers who have been hired from other Georgia school systems and who have already started annuity programs at those systems; and for other purposes.
The report 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.

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HB 869. By Messrs. Adams of the 100th, Lane of the 101st, Brantley of the 114th and others:
A bill to amend Code Section 92-3107 relating to the definition of "gross income", so as to provide that "gross income" shall not include amounts received as retirement income by persons who are 65 years of age or over, under the provisions of the Federal Civil Service Retirement 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 1.

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

HB 1357. By Messrs. Jones of the 87th, Moore of the 6th, and others:
A bill to amend Code Chapter 79A-2, relating to the Georgia State Board of Pharmacy, so as to authorize the board to compile, publish and keep up to date a pamphlet containing a list of all narcotics and dangerous drugs which are unlawful to possess by unlicensed persons or which have the potential for abuse, and a description of 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 32, nays 0.

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

HB 1208. By Mr. Lee of the 61st:
A bill to establish the Georgia Peace Officer Standards and Training 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 30, nays 0.

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977

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

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd and others:
A bill to amend Code Section 92-5001, relating to interest on taxes due the State and counties, so as to change the rate of interest; 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 92-5001, relating to interest on taxes due the State and counties, as amended, by an Act approved March 7, 1966 (Ga. Laws 1966, p. 253), so as to change the rate of interest; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 92-5001, relating to interest on taxes due the State and counties, as amended, by an Act approved March 7, 1966 (Ga. Laws 1966, p. 253), is hereby amended by striking the word "seven" and inserting in lieu thereof the words "at the highest legal rate provided by law", so that Code Section 92-5001, when so amended, shall read as follows:
"92-5001. Rate of Interest. All taxes due the State or any county thereof remaining unpaid on December 20th in each year shall bear interest at the highest legal rate provided by law, per annum from said date, and the several tax collectors shall collect the interest on such unpaid taxes and account for same in their final settlements, provided that the minimum interest payment on such unpaid taxes shall be one dollar."
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.

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The bill, having received the requisite constitutional majority, was passed T>y substitute.

HB 734. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th and others:
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 personal property exempted from taxation for school purposes; 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 require the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and for the State as a whole, excluding therefrom real and personal property exempted from taxation for school purposes; to require such digest to be established and maintained each year on a continuing basis; to provide a method and manner for establishing and maintaining such digest; to authorize the use of certain personnel and firms for the purposes of this Act; to provide for minimum qualifications and standards for employment and use of certain personnel and firms; to provide for the annual submission of certain digest information to the State Board of Education and to others; to provide that the Auditor shall make a determination as to the correctness of such digests upon the request of certain parties; to provide for the arbitration of disputes and for the selection, oath, qualifications and compensations of arbitrators and for the finality of their decision; to provide for the payment of costs of arbitration; to provide that no computations shall be made on the basis of such digests under certain conditions; to provide for the creation of a Board of Equalization; to provide that the Board shall formulate certain policies, procedures, standards, and criteria; to provide for all procedures, requirements and other matters relative to the foregoing; to provide that the average ratio of assessed value to true value of county property for school purposes for the 1969-1970 calendar years shall be the same such ratio as was used for such purposes in 1968; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. The State Auditor shall establish, no later than November 15, 1971, and each year thereafter, on a continuing basis, an equalized adjusted school property tax digest for each county in the State and for the State as a whole for the preceding calendar year,

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979>

excluding therefrom all real and personal property exempted from taxation for school purposes. The Auditor is hereby authorized to establish a unit within the Department of Audits, consisting of such number of personnel as he deems necessary, in order to establish and maintain on a continuing basis said equalized adjusted school property tax digest. Said equalized adjusted school property tax digest shall be established and maintained as follows:

(a) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of
real and personal property exempted from taxation for school purposes and exclusive of public utility property shown on the county public utility property tax digest.

(b) Divide the sum of the locally assessed valuation of the county property tax assessment digest by the ratio of assessed value to true value of such property established by the Auditor in accordance with provisions of subsection (f) of this Section.

(c) Determine the sum of the assessed valuation of the county public utility property tax digest for the preceding calendar year and divide said sum by the equalization ratio for such year established by the Auditor for the purpose of assessing public utility properties throughout the State.

(d) Beginning with the report established on November 15, 1973, add the sums obtained by the calculations prescribed in subsection (b) and (c) of this Section to the sums obtained by such calculations for each of the immediately preceding two years and divide the result by three to obtain an average of said sums for the most recent three years.

(e) The total of the sums obtained through the calculations prescribed in subsections (b), (c) and (d) of this Section shall be known as the current equalized adjusted school property tax digest of the county, and the sum of the current equalized adjusted school property tax digest of all counties of the State combined shall be known as the current equalized adjusted school property tax digest for the State as a whole.

(f) Establish no later than October 30, 1971, and thereafter as provided herein, for each county in the State, the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding public utility property, by establishing the ratio of assessed value to sales price for a representative number of parcels of real property, title to which was transferred during a preceding period of time, to be determined by the Auditor, and the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied; provided, however, the representative number of parcels of real property used for such study shall not include any parcel, title to which was transferred pursuant to the exercise of the power of eminent domain; provided further, that no single parcel included in such study shall have a sales price which exceeds 5% of the total sales price of all parcels included in such study; and provided further, the Auditor shall supple-

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ment realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the Auditor. The Auditor may make appraisals on other types of real property located within the county provided adequate reliable sales data cannot be obtained on such property, and he may develop separate ratios for personal property.

Section 2. The average ratio of assessed value to true value of county property to be established by the Auditor for the purposes of subsection (f) of Section 1 of this Act shall be established through the use of personnel of the Department of Audits who have sufficient competence and expertise in the fields of property evaluation and appraisal techniques by way of education, training and experience.

Section 3. The average ratio of assessed value to true value determined for each county as hereinabove provided shall be used as provided for in this Act until such time as a new ratio is determined, on a continuing basis, for a particular county; provided, however, when any county digest submitted to the State Revenue Commissioner under the provisions of Code Section 92-6917 reflects an increase or decrease of 5% or more from the digest of the year in which the last ratio was established for that county in accordance with subsection (f) of Section 1 of this Act, it shall be the duty of the Auditor, in accordance with the procedures prescribed herein, to determine a new ratio for such county as soon as the necessary studies can be completed.

Section 4. On or before November 15, 1971, and each year thereafter, the Auditor shall furnish to the State Board of Education the sum of the current equalized adjusted school property tax digest of each county in the State and the sum of the current equalized school property tax digest for the State as a whole, determined in accordance with the provisions of this Act. As to those counties which have more than one school system located therein, the Auditor shall furnish the State Board of Education a breakdown of the current county equalized adjusted school property tax digest showing the amount thereof applicable to property located within each of the school systems located within the county. At the same time, the Auditor shall furnish, by registered mail, the governing authority of each county and each municipality having an independent school system, the local board of education of each county and independent school system, the tax commissioner or tax collector of each county and the board of tax assessors of each county, the sum of the current equalized adjusted school property tax digest of the county or the independent school system area, as the case may be, and the sum of the current equalized adjusted school property tax digest for the State as a whole.

Section 5. (a) The governing authority of the several counties and of the several municipalities having independent school systems and the local board of education of each county or area school districts and the independent school system shall, if feeling themselves or their constituents or patrons aggrieved, have a right, upon request made within 30 days after receipt of such digest information, to refer the

SATURDAY, FEBRUARY 14, 1970

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question of correctness of the sum of the current equalized adjusted school property tax digest of the county or independent school system area to the Auditor. It shall be the duty of the Auditor to take any steps necessary to make a speedy determination of the correctness of said digest and notify all interested parties of said determination within 45 days after receiving the request questioning the correctness of said digest.

(b) If the parties questioning the correctness of said digest are dissatisfied with the determination made by the Auditor pursuant to the provisions of subsection (a) of this Section, they shall have the right, which must be exercised within 15 days after being notified of the determination made by the Auditor, to refer the question of the correctness of said digest to a board of arbitrators consisting of three members, one to be chosen by the Auditor, one to be chosen by the governing authority of the local board of education requesting such arbitration, and one to be chosen within 15 days thereafter by the other two members of the board. In the event the two arbitrators cannot agree to a third member, the Chief Justice of the Supreme Court of Georgia shall appoint said third member upon petition of either parties with notice to the opposite party. Said board of arbitrators or a majority thereof shall, within 30 days after appointment of the full board, render their decision upon the correctness of the sum of the digest i question and the extent and manner in which the sum of such digest should be corrected, if correction of same is required, and said decision shall be final. The Auditor shall correct the digest in question in accordance with the decision of the board of arbitrators and shall report such corrections to the parties entitled to receive such information under the provisions of Section 4 of this Act. The members of the boards of arbitration shall take and subscribe to an oath before the Auditor to faithfully and impartially perform the duties required of them in connection with the controversy concerning the correctness of the sum of the digest in question and to render their decision thereon within the time required. The members of the board of arbitration shall be paid a sum not to exceed $100.00 per day for services rendered. All costs of arbitration of matters arising under the provisions of this Act shall be shared and paid equally by the Department of Audits and by the governing authority of the local board of education requesting such
arbitration.

(c) Upon receiving notice that the sum of the current equalized adjusted school property tax digest of any county or independent school system is being questioned pursuant to the provisions of subsection (a) of this Section, it shall be the duty of the Auditor to notify the State Board of Education that such digest is being questioned, and no computations shall be made on the basis of such digest under the provisions of the Act known as the "Minimum Foundation Program of Education
Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, until said digest has been corrected, if necessary, pursuant to the provisions of subsection (a) of this Section or pursuant to the provisions of subsections (a) and (b) of this Section.

Section 6. (a) There is hereby created the Board of Equalization which shall be composed of one member from each of the congressional

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districts who shall be appointed by the Governor subject to the confirmation of the Senate. The Governor, in making his initial appointments, shall appoint two members for a term of office of one year, two members for a term of office of two years, two members for a term of office of three years, two members for a term of office of four years, and two members for a term of office of five years. Thereafter all appointments of successors to the initial members of the Board shall be for terms of office of five years. The members of the Board shall receive the same compensation, per diem, expenses and allowances as are authorized for legislative members of interim legislative study committees, and such compensation, expenses per diem and allowances shall be paid from the funds appropriated and available to the Department of Audits.

(b) The Board shall be charged with the duty and responsibility of formulating policies, procedures, standards and criteria to be employed by the State Auditor in regard to the studies and duties imposed upon him by the provisions of this Act. Such policies, procedures, standards and criteria shall not conflict with the provisions of this Act, however. In conducting such studies and in establishing such ratios, the State Auditor shall perform such activities in conformity with and pursuant to the directives, policies, standards, procedures and criteria established therefor by the Board and the provisions of this Act.

(c) The Board shall elect one of their number to serve as chairman for the ensuing 12 month period at the first meeting conducted by the Board in each year. The Board shall meet at the call of the chairman.

Section 7. Notwithstanding any provisions of this Act to the contrary, for the calendar years 1969 and 1970, the equalized school property tax digest for each county and the State as a whole shall be the same such digests, as corrected, as were prepared by the State Auditor and used for the purposes of this Act for the 1968 calendar year. The average ratio of assessed value to true value of county property for school purposes to be used for the calendar year 1970 shall be the same such ratios as were used for the purposes of this Act in the calendar year 1968. The State Auditor shall not make a State ratio study in 1970.
Section 8. An Act requiring the State Auditor to establish an equalized adjusted school property tax digest for each county in the State and the State as a whole, excluding therefrom real and personal property exempted from taxation for school purposes, approved March 18, 1964 (Ga. Laws 1964, p. 706), as amended by an Act approved March 10, 1966 (Ga. Laws 1966, p. 449), and an Act approved March 11, 1968 (Ga. Laws 1968, p. 283), is hereby repealed in its entirety.
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.

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98

Senator Smith of the 18th offered the following amendment to the Committee substitute:

Amend by striking the word "Auditor" from subsection (c) of Section 1 and inserting in lieu thereof the words:

"State Revenue Commissioner".

On the adoption of the amendment, the ayes were 35, nays 0, and the amendment to the Committee substitute was adopted.

On the adoption of the substitute, the ayes were 36, nays 0, and the substitute was adopted as amended.

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

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

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

HB 1040. By Mr. Melton of the 32nd:
A bill to impose a tax on obscene materials; to define terms; and for other purposes.

The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to impose a tax on obscene materials; to define terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby imposed a tax of $500.00 on the sale or renewal of each individual book, magazine, photograph, non-publie theater film, or other object of obscene material, which tax shall be returned and paid by the seller or lessor to the State Revenue Commissioner in accordance with the time requirements of Code Section 92-5908,,

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relating to time of payment of taxes, as that section now provides or may hereafter be amended to provide.

Section 2. The term "obscene material", as used in this Act, shall apply to each copy of each book, magazine, photograph, non-public theater film, or other object, as defined by Code Chapter 26-21, relating to distribution of obscene material.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 31, nays 1, and the substitute was adopted.

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

HB 1052. By Mr. Douglas of the 42nd:
A bill to amend an Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State, commission or tortious act within this State, using or possessing real property situated within this State, as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend an Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission of tortious act within this State or owning, using or possessing real property situated within this State, approved March 10, 1966 (Ga. Laws 1966, p. 343), as amended by an Act approved April 12, 1968 (Ga. Laws 1968, p. 1419), so as to provide that a court of this State may exercise personal jurisdiction over any non-resident, or his executor or administrator, as to causes of action arising from certain omissions, or from tortious injury in this State caused by an act or

SATURDAY, FEBRUARY 14, 1970

985

omission outside this State if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; to amend Section 4 of Act pertaining to venue; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission of tortious act within this State or owning, using or possessing real property situated within this State, approved March 10, 1966 (Ga. Laws 1966, p. 343), as amended by an Act approved April 12, 1968 (Ga. Laws 1968, p. 1419), 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. A court of this State may exercise personal jurisdiction over any non-resident, of his executor or administrator, as to a cause of action arising from any of the acts, omissions, ownership, use or possession enumerated in this section, in the same manner as if he were a resident of the State, if in person or through an agent, he:

(a) Transacts any business within this State; or

(b) Commits a tortious act or omission within this State, except as to a cause of action for defamation of character arising from the act; or

(c) Commits a tortious injury in this State caused by an act or omission outside this State if the tort-feasor regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered in this State; or

(d) Owns, uses or possesses any real property situated within this State."

Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

"Section 2. Where personal jurisdiction is based solely upon this act, an appearance does not confer such jurisdiction with respect to causes of action not arising from the conduct enumerated in Section 1 of this Act."

Section 3. Said Act is further amended by inserting in Section 4, after the word "act", the words "or omission", so that when so amended, said Section 4 shall read as follows:

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"Section 4. Venue in cases arising hereunder shall lie in any county wherein the business was transacted, the act or omission occurred, or the real property is located."

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 33, nays 1, and the substitute was adopted.

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

On the passage of the bill, the ayes were 33, nays 0.

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

HB 1071. By Mr. Jordan of the 74th:
A bill to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his removing any wrecked automobile from the scene of an accident; and for other purposes.

Senator Walling of the 42nd moved that HB 1071 be recommitted to the Committee on Highways.

On the motion, the ayes were 29, nays 3; the motion prevailed, and HB 1071 was recommitted to the Committee on Highways.

The following resolutions of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:

HR 659. By Mr. Egan of the 116th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the purpose of

SATURDAY, FEBRUARY 14, 1970

987

private or corporate profit and income; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The General Assembly shall be authorized to exempt from all ad valorem taxation the tangible and intangible property of all hospitals not operated for the purpose of private or corporate profit and income."
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 authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of
NO ( ) hospitals not operated for the purpose of private or corporate profit and income?"
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 Committee on Judiciary offered the following amendment:
Amend HR 659 by deleting in Section 1 the phrase "not operated for the purpose of private or corporate profit and income."
and inserting in lieu thereof the following phrase:
"and nursing homes no portion of the net profit from the operation of which can inure to the benefit of any private person."

On the adoption of the amendment, the ayes were 32, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Abney Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy Hensley

Hill Holley Holloway Hudgins Johnson Kidd London McGill Miller Padgett Patton Pennington Plunkett Reeder Reynolds Riley

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger 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 48, nays 0.

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

SR 284. By Senator Broun of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create an instrumentality to be known as the "Athens Public Facilities Authority"; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Be it resolved by the General Assembly of Georgia that the Constitution of 1945 of the State of Georgia, as heretofore amended, is further amended by inserting at the end of Article VI, Section VII, Paragraph V, a new paragraph which shall read as follows:

SATURDAY, FEBRUARY 14, 1970

989

"Athens-Clarke County Public Facilities Authority."

Section 1. Athens-Clarke County Public Facilities Authority Created. There is hereby created a body corporate and politic to be known as the Athens-Clarke County Public Facilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title to be known. Said corporation shall be separate and distinct from any public corporation heretofore created by the General Assembly, and shall be an instrumentality of the Mayor and Council of the City of Athens and Clarke County, exercising governmental powers hereinafter granted. All property owned by said corporation shall be public property held and owned for governmental purposes and shall be exempt from taxation.

Section 2. General Powers. The Athens-Clarke County Public Facilities Authority shall have the power:

(a) To hold, own and convey real and personal property;

(b) To sue and be sued;

(c) To have and to use a seal and to alter the same at pleasure;

(d) To acquire, construct, purchase, own, equip, operate, extend, improve, lease and sell any project as hereinafter defined;

(e) To exercise the powers conferred upon a "public corporation or authority" by Article VII, Section VI, Paragraph I of the Constitution of Georgia, said Authority being hereby expressly declared to be a "public corporation or authority" within the meaning of said portion of the Constitution of Georgia;

(f) To exercise the power and right of eminent domain in accordance with the provisions of any law now or hereafter adopted applicable to the condemnation of property for public use;

(g) To accept gifts and bequests for its corporate purposes;

(h) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents, and attorneys, and to fix their compensation;

(i) To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for the construction or improvement or extension of any project as hereinafter defined;

(j) To cancel contracts, to compromise claims against itself, and to dispose of and convey property not required by it for its corporate purposes upon such terms as it may in its discretion deem best;

(k) To accept loans and grants of money or property of any kind

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from the United States, the State of Georgia, or any political subdivision of the State of Georgia;

(1) To employ the services of any state or national bank having an office within the City of Athens as custodian of the funds belonging to it and as collecting and disbursing agent for any funds belonging to or held by it;

(m) To make such rules and regulations with respect to the use by the public of any property owned by it as it shall in its discretion deem proper;

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

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

(p) To contract with political subdivisions of the State of Georgia and with private persons and corporations;

(q) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested;
(r) To do any and all acts and things necessary or convenient to accomplish the purpose and powers of the Authority as herein stated.

Section 3. Commissioners; Meetings; Officials; Minutes and Records:

(a) The Athens-Clarke County Public Facilities Authority shall be governed by and its powers shall be exercised by five commissioners. The Chairman of the Board of Commissioners of Clarke County shall be a member of the Authority and the Chairman shall appoint a member to the Authority. The Mayor of the Mayor and Council of the City of Athens shall be a member of the Authority and shall appoint a member to the Authority. The four members thus designated shall select a fifth member. The Mayor and Chairman of the Board of Commissioners of Clarke County shall serve for terms on the Authority coinciding with the terms of their elected offices. Other commissioners shall serve terms of three years. Whenever any commissioner shall die, resign or be removed from office prior
to the expiration of his term of office, his successor shall be nominated and elected as hereinbefore provided to fill his unexpired term. A commissioner shall hold office until his successor shall be nominated

SATURDAY, FEBRUARY 14, 1970

991

and elected as hereinbefore provided to fill his unexpired term. Commissioners must be twenty-five years of age; must have resided in Clarke County for two years prior to their taking office and must be registered voters of Clarke County. Each commissioner must take an oath before entering on the discharge of his duties to the effect that he will faithfully and honestly discharge the duties of his office. At their first meeting each year the commissioners shall designate one of their number as chairman, and the commissioner so designated shall serve as chairman for the calendar year of such designation. Any commissioner may be removed from office for physical or mental incompetency or for removal from Clarke County or for malfeasance or nonfeasance in office by a joint vote of the Mayor and Council of the City of Athens and the Board of Commissioners of Clarke County after service with written notice upon such commissioner of the charges against him and after he has been accorded a hearing with respect to such charges at a joint meeting of the Mayor and Council of the City of Athens and the Board of Commissioners of Clarke County.

(b) Meetings of the Authority shall be held as provided in its bylaws. All meetings of the commissioners shall be public meetings and shall be held in the council chamber in the City Hall in Athens, Georgia. The presence of three commissioners shall be necessary to take action in behalf of and binding upon the Authority. The chairman shall be entitled to vote on all questions coming before the commissioners. Each commissioner shall be entitled to a fee of $25.00 for each meeting of the commissioners at which he is present, or to such other compensation as may hereafter be fixed by law, if funds are available for payment of such fees.

(c) Minutes of each meeting of the commissioners of the Authority shall be kept under the supervision of the chairman and such minutes shall constitute public records.

Section 4. Definitions. As used herein, the following words and terms shall have the following meanings:

(a) The word "Authority" shall mean the Athens-Clarke County Public Facilities Authority created by this amendment.

(b) The word "project" shall include the following revenue producing undertakings or any combination of two or more of such undertakings :

(1) Causeways, tunnels, viaducts, bridges and other crossings;

(2) Highways, parkways, airports, terminals and other facilities;

(3) Systems, plants, works, instrumentalities and properties:

(i) used or useful in connection with the obtaining of a water supply and the conservation, treatment and disposal of water for public

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and private uses; (ii) used or useful in connection with the collection, treatment and disposal of sewerage, waste and storm water; together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, intersepting sewers, trunk connecting and other sewer and water mains, filtration works, pumping stations, and equipment;

(4) Parks, golf links and fairways, tennis courts, swimming pools, playgrounds, athletic fields, grandstands and stadiums, and buildings to be used for various types of sports, including baseball and football, buildings to be constructed and used for the housing of exhibits for fairs and educational purposes; buildings to be used for the housing of livestock, horses, cattle, swine, poultry and agricultural exhibits for exhibition purposes; the erection and construction of buildings to be used for amusement purposes or educational purposes or a combination of the two; and also such buildings to be used for fairs, expositions or exhibitions in connection therewith;

(5) Buildings and related facilities including driveways, walkways and the land upon which the same are located necessary or convenient for the efficient operation of any department or agency of the City of Athens or of Clarke County;

(6) Hospitals, sanitariums, nursing homes, clinics, and institutions for the care of aged and disabled persons.

(c) The term "cost of the project" shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for one year after the completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority, including the proceeds of any revenue obligation issued hereunder for any such project or projects.

(d) The terms "revenue bonds", "bonds" and "obligations" as used in this Act shall mean revenue bonds issued by the Authority pursuant to the terms of this amendment pledging to the punctual payment of the principal and interest of said bonds all or any part of the revenues of any designated project or projects.

(e) Any project shall be deemed "self liquidating" if, in the judgment of the Authority, the rentals revenues and earnings to be

SATURDAY, FEBRUARY 14, 1970

993

derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

Section 5. Revenue Obligations. In addition to the purposes for which revenue bonds may be issued as provided in Article VII, Section
VII, Paragraph V, of this Constitution, the Authority, in order to finance any undertaking within the scope of its power or to refund
any bonds then outstanding, is hereby authorized to issue bonds, bearing rate or rates of interest and maturing at the years and amounts determined by the Authority and the procedure of validation, issuance and delivery shall be in all respects in accordance with the Revenue Bond Law (Ga. L. 1937, p. 761), as heretofore or hereafter amended, as if said obligations had been originally authorized to be issued thereunder and provided the holders of any such obligations shall be en-
titled to all the rights and remedies afforded by said Revenue Bond Law; provided, however, that any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered as security for any lawful debt of the Authority. The Authority may execute any trust agreement or indenture not in conflict with the provisions of this amendment to provide security for any bonds issued as provided herein, and such trust agreement or indenture may provide for foreclosure or forced sale of any property of
the Authority upon default on such bonds either in payment of principal or interest or under any term or condition under which such bonds are issued. Any such obligations may be sold at public sale or, at the discretion of the Authority, at private negotiated sale. Obligations issued under the provisions of this amendment shall not be deemed to constitute a debt of the State of Georgia or of Clarke County or of the Mayor and Council of the City of Athens, but such bonds shall be payable solely from such part of the rentals, revenues and earnings of such project or projects as may be designated in the resolution of the Authority authorizing the issuance of such bonds. All obligations of the Authority, the interest thereon and the transfer thereof shall be
exempt from taxation within the State of Georgia.

Section 6. Rates, Charges and Revenues of Projects. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, rents and charges and to revise from time to time and collect such revised rates, fees, tolls, rents and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and in anticipation of the collections of the revenues and income of such project or projects as may be specified in the resolution of the Authority authorizing the issuance of revenue bonds is authorized to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment,
betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and the interest thereon all or any part
of the revenues and incomes of such project or projects, including the

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revenues of improvements or extensions thereto thereafter made or the sale of any of its lands and facilities.

Section 7. Projects Confined to Clarke County. The Authority shall not be authorized to acquire, construct, or extend any project wholly or partially outside the limits of Clarke County as now constituted.

Section 8. Powers Declared Supplemental and Additional. This amendment shall not in any way take away from Clarke County or any municipal corporation located therein any power which may have been heretofore conferred upon it by law, but is supplemental thereto.

Section 9. Authority Without Taxing Power. The Authority shall not have the right to impose any tax on any person or property.

Section 10. Dissolution of Authority. The Authority shall have perpetual existence, however, should said Authority for any reason cease to exist, title to all property of every kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to the Mayor and Council of the City of Athens and Clarke County as joint owners subject to any mortgages, liens, leases or other encumbrances outstanding against or in respect to said property at this
time.

Section 11. Liberal Construction Act. This amendment being for the purpose of promoting the health, morals and general welfare of the
citizens of the State of Georgia and Clarke County, shall be liberally construed to effect the purposes hereof, provided, however, the provisions of this amendment shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction this amendment shall be deemed to contain such implied limitations as are necessary to render it constitutional.

Section 12. Effective Date. This amendment shall be effective immediately upon proclamation of its ratification by the Governor.

Section 13. Effects of Partial Invalidity of Amendment. In the event any Section, subsection, sentence, clause or phrase of this amendment shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses or phrases of this amendment, which shall remain in 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.

Section 14. Amendment Self-Executing. This amendment shall be self-executing upon its ratification, but the General Assembly may by law further define and prescribe the powers and duties of the Author-
ity and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.

SATURDAY, FEBRUARY 14, 1970

995

Section 15. Previous Legislation. This Authority is created to replace a previous Authority created pursuant to the provision of Georgia Laws 1960, pp. 2531-2551, and upon the ratification and proclamation of this amendment, the 1960 Act shall be of no further force and effect.

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

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

"YES ( ) Shall the Constitution be amended so as to create the Athens-Clarke County Public Facilities Authority and
NO ( ) to provide for its powers, authority, funds, purposes and procedures?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

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

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

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter

Chapman Coggin Cox Dean Doss Eldridge Garrard Hardy

Hensley Holley Holloway Hudgins Johnson Kidd London McGill

996
Miller Patton Pennington Plunkett Reeder Reynolds Riley Rowan

JOURNAL OP THE SENATE,

Scott Searcey Smalley Smith of 18th Smith of 34th Spinks
Starr Stephens

Trippe Tysinger Vann Walling Ward Webb
Young

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

On the adoption of the resolution, the ayes were 47, nays 0.

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

At the direction of the President, Senator Holloway of the 12th assumed the Chair.

The following general bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

H.B 1189. By Messrs. Jones of the 84th and Williams of the llth:
A bill to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State; and for other purposes.

Senator Walling of the 42nd offered the following substitute:
A BILL
To be entitled an Act to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, so as to delete therefrom the restriction on the use of certain wheels which have wooden or metal cleats, spikes, corrugations or other irregularities; to provide that nothing herein shall be construed so as to prohibit the use of tire chains or tires equipped with safety spike-metal studs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SATURDAY, FEBRUARY 14, 1970

997

Section 1. Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 68-404 to read as follows:

"68-404. Wheels, restriction on; solid rubber tires; cleats, spikes, etc. No vehicle or load any portion of which drags or slides on the surface of the roadway shall be used or transported on the highways; no vehicle shall be used or transported on the highways the wheels of which while being used or transported either from construction or otherwise, cause pounding on the road surface. No vehicle equipped with solid rubber tires shall be used or transported on the highways, unless every solid rubber tire on such vehicle shall have rubber on its entire traction surface at least one inch thick above the edge of the flange on the entire periphery: Provided, that this Section shall not be construed so as to prohibit the use of tire chains or tires equipped with safety spike-metal studs."

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 substitute was adopted.

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

On the passage of the bill, the ayes were 33, nays 0.

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

Senator Abney of the 53rd asked unanimous consent that the following resolution of the Senate be introduced, read the first time, and referred to committee:

SR 312. By Senators Abney of the 53rd, Stephens of the 36th and Rowan of the 8th:
A resolution creating the Certification and Classification of Teachers Study Committee; and for other purposes.

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The consent was granted.

Referred to Committee on Rules.

The President resumed the Chair.

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

HB 1361. By Mr. Egan of the 116th:
A bill to be entitled an Act to amend Code Title 34, known as the "Georgia Election Code", so as to change the provisions relating to different voter registration requirements and voting procedures in regard to elections for presidential and vice presidential electors and for the governor and lieutenant governor for certain electors; and for other purposes.

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

On the passage of the bill, the ayes were 33, nays 1.
The bill, having received the requisite constitutional majority, was passed.
HB 1245. By Mr. Adams of the 100th: A bill to be entitled an Act to amend an Act providing for issuance of special license tags to motor vehicle owners who operate amateur radio stations, so as to provide that such tags may be issued for pick-up 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 31, nays 0. The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 14, 1970

999

HB 1227. By Messrs. Wilson of the 117th, Clarke of the 33rd, Brown of the 32nd and others:
A bill to amend an Act authorizing the use of radar speed detection devices by the various counties and municipalities of this State, so as to prohibit the use of radar speed detection devices; to repeal conflicting laws; and for other purposes.

The Committee on Highways offered the following amendment:
Amend HB 1227 by striking in the caption of said bill as follows:
"so as to prohibit the use of radar speed detection devices;"
so that when so amended said caption shall read as follows:
"An Act to amend an Act authorizing the use of radar speed detection devices by the various counties and municipalities of this State, approved March 27, 1968 (Ga. Laws 1968, p. 425), to prescribe which speed detection devices may be used by such counties and municipalities; to provide the procedures connected therewith; to eliminate certain of the requirements prescribed for speed detection devices; to repeal conflicting laws; and for other purposes."
Said bill is further amended by striking in the last sentence of Section 3 the phrase:
"but it shall not include"
and inserting in lieu thereof the word "including",
so that when so amended said Section 3 shall read as follows:
"Section 3. Said Act is further amended by striking in its entirety Section 3 and substituting in lieu thereof a new Section 3 to read as follows:
"Section 3. As used within this Act the term 'speed detection device' shall mean that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name 'Vascar', or any other similar device operating under the same or similar principle which is approved by the Department of Public Safety for the measurement of speed, including any devices for the measurement of speed or velocity based upon the principle of radar."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

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The report of the committee, which was favorable to the passage of the bill 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 resolutions of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HR 560. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th and others:
A resolution affirming the National Housing Goal and calling for the establishment of a State Housing Goal; and for other purposes.

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

On the adoption of the resolution, the ayes were 40, nays 2.

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

HR 524. By Messrs. Hudson of the 48th, Douglas of the 42nd, Matthews of the 63rd and others:
A resolution requesting relief from the Farmers Home Administration of the U. S. Department of Agriculture; 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.

SATURDAY, PEBEUARY 14, 1970

1001

Senator Adams of the 26th asked unanimous consent that the following privileged resolution be introduced, read and referred to committee:

SR 315. By Senators Adams of the 26th, Bateman of the 27th and Smith of the 34th:
A resolution placing certain members of the Senate on record as being against permitting members of subversive groups such as the Black Panthers to use State educational facilities for the purpose of soliciting funds or advocating their subversive beliefs; and for other purposes.

The consent was granted, the resolution was read and referred to the Committee on the University System of Georgia.

Senator Holloway of the 12th moved that the Senate do now adjourn until 8:00 o'clock A.M. Monday, and the motion prevailed.

The President announced the Senate adjourned until 8:00 o'clock A.M. Monday.

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Senate Chamber, Atlanta, Georgia Monday, February 16, 1970

The Senate met pursuant to adjournment at 8:00 o'clock A.M. today, and was called to order by the President.

Senator Andrews of the 49th reported that the journal of Saturday'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 Andrews of the 49th 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 Andrews of the 49th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Scripture reading and prayer were offered by Reverend W. L. (Bill) Rainwater, pastor, Chatsworth, Georgia.

MONDAY, FEBRUARY 16, 1970

1003

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

Mr. President:

The House was passed by the requisite constitutional majority the following bills and resolutions of the House, to-wit:

HB 1223. By Mr. Games of the 104th:
A bill to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more; and for other purposes.

HB 1224. By Mr. Carnes of the 104th:
A bill to amend an Act providing for a pension and retirement system for the officers and employees of certain cities; and for other purposes.

HB 1225. By Mr. Carnes of the 104th:
A bill to amend an Act, as amended, by Ga. L. 1969, p. 3393, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and for other purposes.

HB 1532. By Mr. Collier of the 54th:
A bill to amend, consolidate and supersede the several Acts of the General Assembly of the State of Georgia pertaining to the City of Dawson in the County of Terrell, and to provide a new charter therefor; and for other purposes.

HB 1609. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal government for the City of Rome, so as to change the name of the recorder's court; and for other purposes.

HB 1627. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act incorporating the City of Riverdale, in the County of Clayton, so as to change the date of elections in said city; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1628. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and the clerk of the Superior Court of Clayton County; and for other purposes.

HB 1629. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating the Civil and Criminal Court of Clayton County, so as to change the compensation of the Judge and Solicitor of said court; and for other purposes.

HB 1630. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1631. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act creating a Board of Commissioners of Clayton County, so as to empower the Board of Commissioners by resolution, to authorize the Sheriff's Department of Clayton County or the Clayton County Police Department to remove any abandoned, junked, wrecked, or unattended motor vehicle found upon any street, highway, bridge, vacant property in Clayton County; and for other purposes.

HB 1632. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; and for other purposes.

HB 1633. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act placing the coroner of Clayton County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the coroner; and for other purposes.

HB 1634. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a Board of Commissioners for Clayton County, so as to authorize the Board of Commissioners to create districts in the unincorporated areas of Clayton County for the purpose of

MONDAY, FEBRUARY 16, 1970

1005

establishing and maintaining within such districts a system of street lights; and for other purposes.

HB 1635. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act known as the "Clayton County Civil Service System Act" so as to provide for staggered terms of office for the members of the board; and for other purposes.
HB 1636. By Messrs. Connell and Dent of the 79th, DeLong and Sherman of the 80th and Maxwell of the 78th:
A bill to amend an Act creating a board of commissioners of Richmond County, so as to provide that Richmond County shall provide a recreation program throughout the county and available to all residents of said county; and for other purposes.
HB 1637. By Messrs. Connell and Dent of the 79th, DeLong and Sherman of the 80th, and Maxwell of the 78th:
A bill to amend an Act creating a board of commissioners of Richmond County, so as to provide that Richmond County shall provide throughout the county a system of animal control; and for other purposes.

HB 1640. By Messrs. Harris, Farrar, Thomason and Levitas of the 77th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, so as to change, enlarge, and extend the corporate limits of the City of Decatur by the incorporation of additional and contiguous territory therein; and for other purposes.

HB 1642. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act establishing the City Court of Floyd County, so as to change the name of said court to the State Court of Floyd County; and for other purposes.

HB 1645. By Messrs. Cooper, Wood and Williams of the llth:
A bill to amend an Act placing the sheriff of Dawson County on an annual salary, so as to provide that the governing authority of Dawson County shall be responsible for furnishing automobiles to the sheriff to be used by him in the official performance of the duties of his office; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1646. By Mr. Wood, Williams and Cooper of the llth:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to authorize the Board of Commissioners to fix the fiscal year of said County for accounting purposes and to require the annual audit to be made within three months after the end of the fiscal year; and for other purposes.

HB 1647. By Messrs. Nunn and Peterson 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 1653. By Messrs. Bell and Morris of the 73rd, Thomason, Levitas of the 77th and others:
A bill to fix the compensation of the solicitors of the Civil and Criminal Courts of certain counties; and for other purposes.

HB 1654. By Mr. Bray of the 31st:
A bill to amend an Act creating a Board of Commissioners of Meriwether County, so as to change the time of the election of the commissioners; and for other purposes.

HB 1657. By Messrs. Hawes, Cook, Felton and Horton of the 95th, Bond of the lllth, Alexander of the 108th and others:
A bill to amend an Act creating the Civil Court of Atlanta, so as to provide for the pleadings and rules of practice and procedure in certain cases; and for other purposes.

HB 1658. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to increase the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of Upson County"; to increase the compensation of the other members of said Board; and for other purposes.

HB 1659. 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 empower the mayor and council of said City to appoint the Tax Commissioner of Upson County, to receive the returns of property for ad valorem taxation and to receive and collect all of the city's ad valorem taxes on said property; and for other purposes.

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HB 1660. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to place the sheriff of Upson County upon an annual salary", so as to increase the compensation of the chief deputy sheriff; and for other purposes.

HB 1661. By Messrs. Caldwell and Smith of the 39th:
A bill to alter and amend the several laws creating and establishing the Board of Commissioners of Roads and Revenue for the County of Upson so as to confer upon said Board the power and authority to exercise, by ordinances, rules, regulations or resolutions, police power, to protect and secure the public health, welfare, safety, comfort and morals of the public and body politic; and for other purposes.

HB 1662. By Mr. Ballard of the 23rd:
A bill to create the Newton County Water Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and municipal corporations; and for other purposes.

HB 1671. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act placing the clerk of the superior court of Worth County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of said officer; and for other purposes.

HB 1672. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act placing the Ordinary of Worth County on a salary basis in lieu of the fee system, so as to change the compensation of the said officer; and for other purposes.

HB 1673. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Temple, so as to change the corporate limits of said City; and for other purposes.

HB 1676. By Messrs. Rainey and Bowen of the 47th:
A bill to repeal an Act placing the sheriff of Worth County upon an annual salary, so as to provide for compensating the sheriff by an annual salary; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1678. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner; and for other purposes.

HB 1690. By Messrs. Sweat and Dixon of the 65th:
A bill to abolish the present mode of compensation of the ordinary of Clinch County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HR 810. By Messrs. Maxwell, Miles and Simkins of the 78th, Sherman and DeLong of the 80th and Dent of the 79th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Richmond County to establish districts for the purpose of erecting, establishing, maintaining and operating street lights within said county; and for other purposes.

HR 812. By Messrs. Mason and Nash of the 13th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to divide said county into districts for certain public purposes and to impose and collect taxes, fees, and charges therefor; and for other purposes.

HR 825. By Messrs. Wilson, McDaniell, Kreeger and Atherton of the 117th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Marietta Development Authority; and for other purposes.

HR 841. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Clinch County by the people; and for other purposes.

HR 843. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County, and to provide that the governing authority of Ware County shall establish and maintain a county police force; and for other purposes.

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

MONDAY, FEBRUARY 16, 1970

1009'

SB 396. By Senator Abney of the 53rd:
A bill to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, so as to change the compensation of the Ordinary of Dade County; and for other purposes.

SB 466. By Senator Smith of the 18th:
A bill to amend an Act creating a Board of Commissioners of Houston County, so as to abolish residence requirements for the election of members of the board; and for other purposes.

SB 469. By Senator Smith of the 18th:
A bill to amend an Act changing the manner and method of electing members of the board of education of Houston County, so as to abolish, education districts; and for other purposes.

HB 1534. By Messrs. Black and Edwards of the 45th:
A bill to create the Kinchafoonee Lake Authority as an instrumentality of the State of Georgia; and for other purposes.

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

HB 1342. By Messrs. Hargett of the 58th, Scarlett of the 67th, Douglas of the 42nd and others:
A bill to create the Georgia Commission for the Development of the Altamaha River Basin; and for other purposes.

HB 1535. By Mr. Adams of the 100th:
A bill to amend an Act known as the "Children and Youth Act", so as to provide that nothing in this Act shall be construed to apply to private homes or private day care centers; and for other purposes.

HB 1086. By Messrs. Hutchinson of the 61st, Barber of the 15th, Parker of the 44th, Davis of the 75th, Joiner of the 35th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Board of Education shall allot teachers to local units of administration on the basis of one teacher per 27 pupils in average daily attendance in grades one through seven of each local unit of administration; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1460. By Mr. Lambert of the 25th:
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 provide that such levy shall not be assessed upon or collected from any practitioner who is employed by the United States; and for other purposes.

HB 1506. By Mr. Dickinson of the 118th:
A bill to amend Code Section 109A-2-318, relating to third party beneficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.

HB 1359. By Messrs. Bennett of the 71st, Jones of the 50th, Paris of the 14th, Jordan of the 55th, Harris of the 77th and others:
A bill to provide for an assistant District Attorney in each Judicial Circuit having more than one Superior Court Judge; to provide for his appointment, qualifications, authority and duties; and for other purposes.

HB 1309. By Mr. Hill of the 94th:
A bill to amend Code Section 84-410.1, relating to provisions applicable to apprentices and the supervision of students learning the occupation of barbering, so as to provide that a barber shop may have two apprentices; and for other purposes.

HB 1190. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, so as to provide for coverage for the employees of the jointly owned Natural Gas Transmission Line; and for other purposes.

HR 641. By Mr. Jones of the 59th:
A resolution authorizing the conveyance of real property located in Liberty County; and for other purposes.

HR 682. 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

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1011

Governor, dated March 27, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and testaments until the next, meeting of the General Assembly; and for other purposes.

HR 683. 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 27, 1969, suspending the collection of taxes imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of theGeneral Assembly; and for other purposes.

HR 684. 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 penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation paid thereon on or before April 21, 1969, until the next meeting of the General Assembly; and for other purposes.

HR 685. 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 sales tax on fares and charges collected by publicly or privately owned urban transit systems for the transportation of passengers until the next meeting of the General Assembly; and for other purposes.

HR 686. 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 sales tax on the sale of food to certain private non-profit, accredited elementary schools until the next meeting of the General Assembly; and for other purposes.

HR 687. 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 the Georgia tax levied upon leases of lands tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein until the next meeting of the General Assembly; and for other purposes.

HR 688. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution to ratify, approve and confirm the Eexcutive Order of the

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JOURNAL OP THE SENATE,

Governor suspending the collection of taxes imposed by the sales 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.

HE 733. By Mr. Rush of the 51st:
A resolution changing the name of the Gordonia Altamaha State Park to the "Brown Thrasher State Park, Reidsville, Georgia"; and for other purposes.

HR 813. By Messrs. Harrington and Chandler of the 34th:
A resolution authorizing the State Properties Control Commission to amend the December 10, 1969, lease contract between State Properties Control Commission and Baldwin County Board of Education, so as to delete and remove the portion of land that is described in and is being leased by virtue of the said lease contract; and for other purposes.

HR 814. By Mr. Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes; and for other purposes.

HB 1129. By Messrs. Murphy of the 19th and Paris of the 14th:
A bill to amend an Act creating the State Board of Pardons and Paroles, so as to authorize parole supervisors or parole officers to arrest any parolee or conditional releasee who has violated the terms and conditions of his parole or conditional release in a material respect, with or without a warrant; and for other purposes.

HB 1480. By Mr. Busbee of the 61st:
A bill to amend an Act known as the "Statewide Probation Act", so as to provide that all officials, personnel and employees of the State Board of Probation, except members of the State Board of Probation, shall be under the State Merit System; and for other purposes.

HB 1622. By Mr. Busbee of the 61st:
A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to 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 January 1, 1971; and for other purposes.

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1013

HR 703. By Messrs. Dickinson of the 118th, Johnson of the 29th and DeLong of the 80th and many others:
A resolution authorizing and directing the Director of the Department of Public Safety to arrange the work schedules of State Patrolmen in such a fashion that each partolman is required to work only fiveday work week; and for other purposes.

The House has agreed to the Senate substitute to the following resolution of the House, to-wit:

HR 695. By Messrs. Westlake, Davis, Higginbotham and Ployd of the 75th,, Morris and Bell of the 73rd and others:
A resolution creating the DeKalb County Retirement System Study Commission; and for other purposes.

The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built housing having a certain maximum width may be transported upon, the public roads and highways of this State subject to certain requirements; and for other purposes.

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

HB 1318. By Mr. Atherton of the 117th:
A bill to authorize certain counties and municipalities to levy and impose certain excise taxes; and for other purposes.

The following bill and resolutions of the Senate were introduced, read the first time, and referred to committees:

SB 562. By Senator Starr of the 44th:
A bill to amend Code Section 59-120, relating to the compensation of jurors and court bailiffs, as amended, so as to change the minimum and

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JOURNAL OF THE SENATE,

the maximum amounts allowable for court bailiffs; to repeal conflicting laws; and for other purposes.
Referred to Committee on Judiciary.

SR 309. By Senators Reynolds of the 48th and Kidd of the 25th:
A resolution creating the Senate Defective Automobile Study Committee ; and for other purposes.
Referred to Committee on Rules.

SR 311. By Senator Johnson of the 38th:
A resolution creating the Senate Abortion Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 313. By Senators Abney of the 53rd, Stephens of the 36th and Rowan of the 8th:
A resolution creating the certification and classification of Teachers Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 314. By Senators Chapman of the 32nd, Fincher of the 51st, and Hardy of the 56th:
A resolution creating the Senate Study Committee to study Senate Bill 514; and for other purposes.
Referred to Committee on Rules.
The following bills and resolutions of the House were read the first time and referred to committees:

MONDAY, FEBRUARY 16, 1970

101&

HB 1086. By Messrs. Hutchinson of the 61st, Barber of the 15th, Parker of the 44th, Davis of the 75th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Board of Education shall allot teachers to local units of administration on the basis of one teacher per 27 pupils in average daily attendance in grades one through seven of each local unit; and for other purposes.
Referred to Committee on Educational Matters.

HB 1129. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the State Board of Pardons and Paroles so as to authorize parole supervisors or parole officers to arrest any parolee or conditional releasee who has violated the terms and conditions of his parole with or without a warrant; and for other purposes.
Referred to Committee on Penal and Correctional Affairs.

HB 1190. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, so as to provide for coverage for the employees of the jointly owned Natural Gas Transmission Line; and for other purposes.
Referred to Committee on Retirement.

HB 1223. By Mr. Carnes of the 104th:
A bill to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed toany position in the government of such city; and for other purposes.
Referred to Committee on Retirement.

HB 1224. By Mr. Carnes of the 104th:
A bill to amend an Act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; so as to eliminate the restriction upon officers or employees receiving pensions when contracted with as an independent contractor to perform a special or particular service; and for other purposes.
Referred to Committee on Retirement.

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HB 1225. By Mr. Games of the 104th:
A bill to amend an Act approved August 13, 1924, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and so as to eliminate the restriction upon officers or employees receiving pensions when contracted with as an independent contractor to perform a special or particular service; and for other purposes.
Referred to Committee on Retirement.

HB 1309. By Mr. Hill of the 94th:
A bill to amend Code Section 84-410.0, relating to the provisions applicable to apprentices and the supervision of students learning the occupation of barbering, so as to provide that a barber shop may have two apprentices; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1342. By Messrs. Hargrett of the 58th, Scarlett of the 67th, Douglas of the 42nd and others:
A bill to create the Georgia Commission for the Development of the Altamaha River Basin; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1359. By Messrs. Bennett of the 71st, Jones of the 50th, Paris of the 14th, Jordan of the 55th and others:
A bill to provide for an Assistant District Attorney in each Judicial Circuit having more than one Superior Court Judge; to provide for his appointment and duties; and for other purposes.
Referred to Committee on Judiciary.

HB 1460. By Mr. Lambert of the 25th:
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 provide that such levy shall not be assessed upon or collected from any practitioner who is employed by the United States; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1480. By Mr. Busbee of the 61st: A bill to amend an Act known as the "Statewide Probation Act", so as to

MONDAY, FEBRUARY 16, 1970

1017

provide that all officials, personnel and employees of the State Board of Probation, except members of the State Board of Probation, shall be under the State Merit System; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HB 1506. By Mr. Dickinson of the 118th:
A bill to amend Code Section 109A-2-318, relating to third party beneficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1532. By Mr. Collier of the 54th:
A bill to amend, consolidate and supersede the several Acts of the State of Georgia pertaining to the City of Dawson in the County of Terrell, and to provide a new charter therefor; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1534. By Messrs. Black and Edwards of the 45th:
A bill to create the Kinchafoonee Lake Authority as an instrumentality of the State of Georgia; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1535. By Mr. Adams of the 100th:
A bill to amend an Act known as the "Children and Youth Act", so as to provide that nothing in this Act shall be construed to apply to private homes or private day care centers; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1609. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal government for the City of Rome, so as to change the name of the recorder's court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1622. By Mr. Busbee of the 61st: A bill to amend an Act creating the State Board of Examiners of

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JOURNAL OF THE SENATE,

Plumbing Contractors, so as to 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 January 1,1971; and for other purposes.
Referred to Committee on Industry and Labor.

HB 1627. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act incorporating the City of Riverdale, in the County of Clayton, so as to change the date of elections in said city; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1628. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and the Clerk of the Superior Court of Clayton County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1629. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating the Civil and Criminal Court of Clayton 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.

HB 1630. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1631. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act creating a Board of Commissioners of Clayton County, so as to empower the Board of Commissioners by resolution to authorize the Sheriff's Department or the Clayton County Police Department to remove any abandoned motor vehicle found upon any street in Clayton County; and for other purposes.
Referred to Committee on County and Urban Affairs.

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1019

HB 1632. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; and for other purposes.
Referred to Committee on Judiciary.

HB 1633. By Messrs. Lee, Northcutt and Gary of the 21st: A bill to amend an Act placing the coroner of Clayton County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the coroner; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1634. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act creating a Board of Commissioners for Clayton County, so as to authorize the Board of Commissioners to create districts in the unincorporated areas of Clayton County for the purpose of establishing and maintaining within such districts a system of street lights; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1635. By Messrs. Lee, Northcutt and Gary of the 21st: A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to provide for staggered terms of office for the members of the board; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1636. By Messrs. Connell and Dent of the 79th, DeLong and Sherman of the 80th and Maxwell of the 78th: A bill to amend an Act creating a board of commissioners of Richmond County, so as to provide that Richmond County shall provide a recreation program throughout the county and available to all residents of said county; and for other purposes.
Referred to Committee on County and Urban Affairs.
HB 1637. By Messrs. Connell and Dent of the 79th, DeLong of the 80th and Maxwell of the 78th: A bill to amend an Act creating a board of commissioners of Richmond County, so as to provide that Richmond County shall provide throughout the county a system of animal control; and for other purposes.
Referred to Committee on County and Urban Affairs.

1020

JOURNAL OF THE SENATE,

HB 1640. By Messrs. Harris, Farrar, Thomason and Levitas of the 77th, Vaughn and Jordan of the 74th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, so as to change the corporate limits of the City of Decatur; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1642. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act establishing the City Court of Floyd County, so as to change the name of said court to the State Court of Floyd County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1645. By Messrs. Cooper, Wood and Williams of the llth:
A bill to amend an Act placing the sheriff of Dawson County on an annual salary, so as to provide that the governing authority of Dawson County shall be responsible for furnishing automobiles to the sheriff to be used by him in the official performance of the duties of his office; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1646. By Mr. Wood, Williams and Cooper of the llth:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to authorize the Board of Commissioners to fix the fiscal year of said County for accounting purposes and to require the annual audit to be made within three months after the end of the fiscal year; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1647. By Messrs. Nunn and Peterson 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 1653. By Messrs. Bell and Morris of the 73rd, Thomason, Levitas of the 77th and others:
A bill to fix the compensation of the solicitors of the Civil and Criminal Courts of certain counties; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 16, 1970

1021

HB 1654. By Mr. Bray of the 31st:
A bill to amend an Act creating a Board of Commissioners of Meriwether County, so as to change the time of the election of the commissioners ; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1657. By Messrs. Hawes, Cook, Felton and Horton of the 95th and others:
A bill to amend an Act creating the Civil Court of Atlanta, so as to provide for the pleadings and rules of practice and procedure in certain cases; and for other purposes.
Referred to Committee on Judiciary.

HB 1658. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to increase the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of Upson County"; to increase the compensation of the other members of said Board; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1659. 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 empower the mayor and council of said City to appoint the Tax Commissioner of Upson County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1660. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to place the sheriff of Upson County upon an annual salary", so as to increase the compensation of the chief deputy sheriff; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1661. By Messrs. Caldwell and Smith of the 39th:
A bill to alter and amend the several laws creating and establishing the Board of Commissioners for the County of Upson so as to confer upon said Board the power and authority to exercise, by ordinances, rules, regulations or resolutions, police power to protect the public and body politic; and for other purposes.
Referred to Committee on County and Urban Affairs.

1022

JOURNAL OP THE SENATE,

HB 1662. By Mr. Ballard of the 23rd:
A bill to create the Newton County Water Authority and to authorize such Authority to acquire, construct, operate and maintain projects embracing sources of water supply and the sale of water to individuals and municipal corporations; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1671. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act placing the clerk of the superior court of Worth County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of said officer; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1672. By Messrs. Rainey and Bowen of the 47th:
A bill to amend An Act placing the Ordinary of Worth County on a salary basis in lieu of the fee system, so as to change the compensation of the said officer; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1673. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Temple, so as to change the corporate limits of said City; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1676. By Messrs. Rainey and Bowen of the 47th:
A bill to repeal an Act placing the sheriff of Worth County upon an annual salary, so as to provide for compensating the sheriff by an annual salary; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1678. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1690. By Messrs. Sweat and Dixon of the 65th:
A bill to abolish the present mode of compensating the ordinary of Clinch County, known as the fee system; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 16, 1970

1023

HR 641. By Mr. Jones of the 591^h:
A resolution authorizing the conveyance of real property located in Liberty County; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.

HR 682. 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 the tax imposed 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 683. 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 sales tax on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Banking and Finance.

HR 684. 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 penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation paid thereon on or before April 21, 1969, until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Banking and Finance.

HR 685. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of 44th:
A resolution to ratify, approve and confirm the Executive Order of the Governor suspending the collection of sales tax on fares and charges collected by publicly or privately owned urban transit systems for the transportation of passengers until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Banking and Finance.

HR 686. 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

1024

JOURNAL OF THE SENATE,

Governor suspending the collection of sales tax on the sale of food to certain private non-profit, accredited elementary schools until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Banking and Finance.

HR 687. 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 the Georgia tax levied upon leases of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Banking and Finance.

HR 688. 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 taxes imposed by the sales tax act upon the sale of tangible personal property to certain general nonprofit hospitals until the next meeting of the General Assembly; and for other purposes.
Referred to Committee on Banking and Finance.

HR 703. By Messrs. Dickinson of the 118th, Johnson of the 29th, DeLong of the 80th and others:
A resolution authorizing and directing the Director of the Department of Public Safety to arrange the work schedules of State Patrolmen in such a fashion that each patrolman is required to work only a five-day work week; and for other purposes.
Referred to Committee on Highways.

HR 733. By Mr. Rush of the 51st:
A resolution changing the name of the Gordonia Altamaha State Park to the "Brown Thrasher State Park, Reidsville, Georgia"; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HR 810. By Messrs. Maxwell, Miles and Simkins of the 78th, Sherman and DeLong of the 80th and Dent of the 79th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Richmond County to establish districts for the purposes of erecting, establishing, maintaining and operating street lights within said county; and for other purposes.
Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 16, 1970

1025

HR 812. By Messrs. Mason and Nash of the 13th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to divide said county into districts for certain public purposes and to impose and collect taxes, fees, and charges therefor; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 813. By Messrs. Harrington and Chandler of the 34th:
A resolution authorizing the State Properties Control Commission to amend the December 10, 1969, lease contract between State Properties Control Commission and Baldwin County Board of Education, so as to delete and remove the portion of land that is described in and is being leased by virtue of the said lease contract; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HR 814. By Mr. Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 825. By Messrs. Wilson, McDaniell, Kreeger and Atherton of the 117th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Marietta Development Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 841. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Clinch County by the people; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 843. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County, and to provide that the governing authority of Ware County shall establish and maintain a county police force; and for other purposes.
Referred to Committee on County and Urban Affairs.

1026

JOURNAL OP THE SENATE,

The following bills and resolutions of the Senate and House were read the second time:

SB 559. By Senator Fincher of the 51st:
A bill to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, as amended, so as to change the compensation of the commissioner of Cherokee County; to repeal conflicting laws; and for other purposes.

SB 560. By Senator Fincher of the 51st:
A bill to amend an Act placing the sheriff of Cherokee County and the clerk of the superior court of Cherokee County on a salary system in lieu of the fee system, as amended, so as to change the compensation of the sheriff's deputies and the jailer; to repeal conflicting laws; and for other purposes.

SB 561. By Senator Coggin of the 35th:
A bill to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commissions, so as to authorize planning commissions to enter into agreements with political subdivisions and planning commissions, by whatever name known, in adjacent states; to provide an effective date; and for other purposes.

SR 303. By Senator Johnson of the 38th:
A resolution creating the Study Committee on Consumer Affairs; and for other purposes.

SR 304. By Senators Plunkett of the 30th and Webb of the llth:
A resolution ratifying and approving the Nineteenth Amendment to the Constitution of the United States of America; and for other purposes.

SR 305. By Senators Walling of the 42nd, Pennington of the 45th and Broun of the 46th:
A resolution creating a Committee on Natural and Human Ecology; and for other purposes.

SR 307. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution, so as to authorize the consolidation, merger and combination of the tax functions of each incorporated municipality located within Houston County with

MONDAY, FEBRUARY 16, 1970

1027

such functions of Houston County; to provide for the submission of the amendment for ratification or rejection; and for other purposes.

SR 312. By Senators Abney of the 53rd, Stephens of the 36th and Rowan of the 8th:
A resolution creating the certification and classification of Teachers Study Committee; and for other purposes.

HB 894. By Messrs. Miles, Maxwell, and Simkins of the 78th, Dent and Connell of the 79th, DeLong and Sherman of the 80th:
A bill to create the Augusta-Richmond County Transportation Authority; and for other purposes.

HB 1023. By Mr. Bohannon of the 20th:
A bill to provide that no department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces employment with such department, agency or board merely because she is the wife of a serviceman; and for other purposes.

HB 1090. By Mr. Wamble of the 69th:
A bill to amend an Act authorizing the creation of an office within the State Division of Conservation, so as to provide that said office may be created within any department of the executive branch; and for other purposes.

HB 1117. By Messrs. Jones of the 87th, Whaley of the 93rd, Ellis of the 91st, Battle of the 90th, Wheeler of the 57th and others:
A bill to amend Code Chapter 27-1 relating to proceedings prior to arrest, so as to provide for a reward to be paid to persons furnishing information leading to the arrest and conviction of a person charged with the crime of murder when the victim of such murder was a police officer; and for other purposes.

HB 1156. By Messrs. Chandler of the 34th, Lambert of the 25th and Busbee of the 61st:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine the term "security"; and for other purposes.

HB 1182. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to redefine the term "peace officer"; and for other purposes.

1028

JOURNAL OF THE SENATE,

HB 1196. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Revenue Bond Law", so as to remove the provisions limiting the interest rates of revenue bonds to 7% per annum; and for other purposes.

HB 1197. By Mr. Lambert of the 25th:
A bill to amend Code Section 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, so as to remove the provision limiting the interest rates of revenue certificates of hospital authorities to 7% per annum; and for other purposes.

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st, Mullinax of the 30th and others:
A bill to amend* an Act completely and exhaustively revising and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions for compensating the Director of the State Game and Fish Commission; and for other purposes.

HB 1204. By Mr. Dodson of the 82nd:
A bill to fix the fees of the clerks of the superior courts of certain counties for certain services; and for other purposes.

HB 1228. By Messrs. Evans, Scarborough, Dodson and Knapp of the 81st and Miller of the 83rd:
A bill to amend Code Section 49-701, relating to the distribution and custody of certain funds for minors and insane persons who have no guardian, so as to provide that executors and administrators may pay over to the ordinaries moneys belonging to missing heirs; and for other purposes.

HB 1251. By Mr. Lambert of the 25th:
A bill to create the Georgia Insurers Insolvency Pool which will provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obligations; and for other purposes.

HB 1323. By Messrs. Wamble of the 69th, Keyton of the 70th and Snow of the 1st:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales to the United

MONDAY, FEBRUARY 16, 1970

1029

States of America, the State of Georgia, or any county or municipality of this State; and for other purposes.

HB 1416. By Messrs. Smith of the 3rd, Adams of the 100th and Games of the 104th:
A bill to amend an Act entitled "An Act to provide for the registration and regulation of cemeteries", so as to provide that the assets of the trust funds required to be established may be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon domestic life insurance companies; and for other purposes.

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd:
A bill to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt fish feed from the taxes imposed by said Act; and for other purposes.

HB 1350. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 26-1503, relating to criminal trespass, so as to provide that a person commits criminal trespass when he knowingly and without authority enters the dwelling house or any other building of another person; and for other purposes.

HB 1351. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 26-1601, relating to burglary, so as to remove the requirement that a person enter or remain "without authority" in a dwelling house of another or any building, vehicle, or other such structure designed for use as a dwelling of another, in order to commit burglary; to rewrite said Code Section so as to eliminate any possible misunderstanding of its intent; and for other purposes.

HB 1373. By Mr. Rainey of the 47th:
A bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to repeal an Act prohibiting the possession of certain shrimp; to provide for the revocation of certain licenses; and for other purposes.

HB 1375. By Mr. Rainey of the 47th:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions for disposing of contraband wildlife or parts thereof which has been seized under the provisions of said Act; and for other purposes.

1030

JOURNAL OP THE SENATE,

HB 1473. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Worth County, so as to change the compensation of said officer; and for other purposes.

HB 1484. By Mr. Matthews of the 16th:
A bill to amend Code Chapter 9-4, relating to the regulation of the practice of law, so as to provide that staff instructors may also participate in an approved legal aid program; and for other purposes.

HB 1490. By Messrs. Chandler of the 34th and Holder of the 49th:
A bill to amend Code Chapter 84-9, relating to the regulation and licensing of practitioners of medicine, so as to provide that otherwise qualified applicants, who possess certain institutional licenses authorizing the applicant to practice medicine in certain State institutions shall be eligible to take the examination required of applicants wishing to practice medicine in this State; and for other purposes.

HB 1520. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Section 92-6911, relating to the meetings and duties of the board of tax assessors, so as to authorize the board to mail notices of corrections, changes or equalizations on real and personal property of taxpayers by registered or certified mail; and for other purposes.

HB 1522. By Mr. Punk of the 92nd:
A bill to incorporate the City of Savannah Beach, Tybee Island; to create a new charter for said City; and for other purposes.

HB 1525. By Mr. Adams of the 100th:
A bill to amend an Act establishing a merit system of personnel administration for State employees, so as to provide whereby employees of the Legislative Branch of Government may be granted Merit System status in the same manner as employees of the Executive Branch of Government ; and for other purposes.

HB 1530. By Mr. Dickinson of the 118th:
A bill to change the corporate limits of any municipality in this State having a population of not less than 4,400 nor more than 4,470; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1031

HB 1540. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the ordinary of Butts County upon an annual salary, so as to increase the clerical allowance for the ordinary; and for other purposes.

HB 1543. By Messrs. Chandler and Harrington of the 34th:
A bill creating and establishing a Small Claims Court in each county having a population of not less than 9,213 and not more than 9,640; and for other purposes.

HB 1547. By Messrs. Matthews and Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Colquitt County and defining their powers and duties, so as to provide that the County of Colquitt shall be divided into five commissioner districts, and that one commissioner shall be elected from each of said Districts; and for other purposes.

HB 1548. By Messrs. Matthews and Bostick of the 63rd:
A bill to provide that the County of Colquitt shall be divided into five districts, and that one member of the Colquitt Board of Education shall be elected from each such district; and for other purposes.

HB 1563. By Messrs. Mauldin and Milford of the 12th:
A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Banks County, so as to change the provisions relating to the election of members of said Board of Commissioners; and for other purposes.

HB 1578. By Messrs. Kreeger, Wilson and McDaniell of the 117th:
A bill to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.

HB 1577. By Messrs. Kreeger and Wilson of the 117th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to authorize the Board of Education of the City of Marietta to establish a medical and hospitalization insurance program for certain personnel subject to the jurisdiction of the Board; and for other purposes.

1032

JOURNAL OF THE SENATE,

HB 1579. By Mr. Kreeger of the 117th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the day of the annual election; to increase the compensation of mayor and councilmen; and for other purposes.

HB 1580. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss, Atherton and Henderson of the 117th:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to authorize the district attorney to employ an additional part-time assistant district attorney who shall be assigned to the Juvenile Court of Cobb County; and for other purposes.

HB 1581. By Mr. Kreeger of the 117th:
A bill to amend an Act establishing a new charter for the City of Acworth so as to provide for penalties for violations of any ordinance rules and regulations of said city; to provide for installation and construction of improvements; and for other purposes.

HB 1582. By Mr. Colwell of the 5th:
A bill to create the Towns County Industrial Development Authority; and for other purposes.

HB 1583. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to reincorporate the Town of Marshallville and to make same a city; and for other purposes.

HB 1584. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the ordinary of Lanier County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1585. By Mr. Pafford of the 64th:
A bill to create a new board of education of Lanier County; and for other purposes.

HB 1586. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the sheriff of Bleckley County upon an annual salary, so as to change the number of deputies and their compensation ; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1033

HB 1587. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act abolishing the present mode of compensating the tax collector of Bleckley County, so as to change the compensation of the tax collector; and for other purposes.

HB 1588. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner; and for other purposes.

HB 1590. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act amending, revising, and enlarging the charter for the City of Conyers, so as to change the mode of electing the mayor and aldermen and their terms of office; and for other purposes.

HB 1592. By Messrs. Salem and Rush of the 51st:
A bill incorporating the City of Lyons, so as to change the number of votes of the councilmen required to override the veto of the mayor of any ordinance, order, or resolution of the council; and for other purposes.

HB 1593. By Messrs. Maxwell, Miles and Simkins of the 78th and others:
A bill to provide for a budget in certain counties of this State; and for other purposes.

HB 1594. By Mr. Harrison of the 66th:
A bill to create the Camden County Historical Commission; and for other purposes.

HB 1596. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act changing the method of selecting the members of the Board of Education of Miller County, so as to provide for the compensation of the chairman and members of the Board of Education; and for other purposes.

HB 1597. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.

1034

JOURNAL OF THE SENATE,

HB 1599. By Mr. Wheeler of the 57th:
A bill to amend an Act amending, consolidating, creating and supersedin the several acts incorporating the City of Blackshear in the County of Pierce, so as to provide for the election of a Judge of the Mayor's Court in the event that the Mayor is disqualified; and for other purposes.

HB 1600. By Messrs. Salem and Rush of the 51st:
A bill to amend an Act incorporating the City of Santa Clause, so as to change the name of said City; and for other purposes.

HB 1601. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A bill to repeal an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit", so as to provide for additional compensation; and for other purposes.

HB 1602. By Mr. Clarke of the 33rd:
A bill to provide a new charter for the City of Flovilla; and for other purposes.

HB 1608. ByMr. Kreeger of the 117th:
A bill to amend the charter of the City of Powder Springs in the County of Cobb, so as to create a new charter for said city; and for other purposes.

HB 1610. By Mr. DeLong of the 80th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to define the jurisdiction and powers of said court; and for other purposes.

HB 1611. By Messrs. Nunn and Peterson of the 41st:
A bill to repeal an Act incorporating the municipality of Elberta; and for other purposes.

HB 1613. By Messrs. Geisinger of the 72nd, Dodson of the 82nd, Westlake of the 75th and others:
A bill to amend Code Section 88-2709, relating to illegal traffic in human bodies, so as to allow payments by the Board for distribution of unclaimed dead bodies to next-of-kin for burial benefits similar to those paid by the Social Security Administration; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1035

HB 1614. By Mr. Jones of the 59th:
A bill to amend an Act providing for the compensation of the sheriff and clerk of the superior court of Liberty County, so as to change the compensation of the sheriff; and for other purposes.

HB 1616. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County, so as to change the compensation of Deputy Tax Commissioner; and for other purposes.

HB 1617. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compensation of the Tax Commissioner ; and for other purposes.

HB 1619. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Marion County, so as to change the provisions relating to the compensation of the Sheriff and deputy sheriff; and for other purposes.

HB 1620. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Marion County into the office of tax commissioner, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1626. By Mr. Lambert of the 25th:
A bill to place the Official Court Reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis in connection with criminal cases; and for other purposes.

HB 1639. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases", so as to increase the compensation of the court reporter; and for other purposes.

HR 39. By Messrs. Edwards and Black of the 45th, Dailey of the 53rd and others:
A resolution designating the Bobwhite Quail as the official Georgia State Bird; and for other purposes.

1036

JOURNAL OF THE SENATE,

HE 519. By Mr. Parker of the 46th:
A resolution proposing an amendment to the Constitution to exempt peanuts grown in this State and stored in licensed or bonded warehouses, regardless of ownership from all ad valorem taxation; and for other purposes.

HR 694. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd:
A resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.

HR 722. By Messrs. Knapp, Keen, Evans and Pinkston of the 81st and Miller of the 83rd:
A resolution proposing an amendment to the Constitution, so as to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles owned by religious organizations or groups and used solely for religious purposes and from which no income is derived; and for other purposes.

HR 739. By Mr. Melton of the 32nd:
A resolution creating the Georgia Motor Transport Study Committee; and for other purposes.

HR 742, By Messrs. Hudson and Dorminy of the 48th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority; and for other purposes.

HR 743. By Messrs. Maxwell and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A resolution proposing an amendment to the Constitution so as to authorize the city council of Augusta as the governing authority to establish historic zones within designated areas of the city; and for other purposes.

HR 806. By Messrs. Atherton, Burruss, Kreeger, Wilson, Henderson and McDaniell of the 117th:
A resolution proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1037

HR 655. By Messrs. Murphy of the 19th and Chandler of the 34th:
A resolution authorizing and directing the State Properties Control Commission to amend the Western and Atlantic Railroad Commission and Peachtree-Whitehall, Inc. lease dated December 26, 1950; and for other purposes.

HB 1670. By Mr. Rainey of the 47th:
A bill to be entitled an Act to regulate the taking and possessing of salt water crawfish; and for other purposes.

The following reports of standing committees were read by the Secretary:

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 resolution of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 301. Do pass.
Respectfully submitted, Pennington of 45th 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 following resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 554. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.

1038

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 resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 299. Do pass. HR 520. Do pass. HR 550. Do pass. HR 562. Do pass. HR 563. Do pass. HR 564. Do pass. HR 596. Do pass.
Respectfully submitted, Plunkett of 30th 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 following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 645. Do pass. HR 661. Do pass. HR 674. Do pass.
HR 681. Do pass.
HR 693. Do pass.
HR 697. Do pass.
HR 700. Do pass.

MONDAY, FEBRUARY 16, 1970

1039

HR 702. Do pass. HR 705. Do pass. HR 711. Do pass. HR 724. Do pass.

Respectfully submitted, Plunkett of 30th 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 following resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HR 541. Do pass as amended. HR 565. Do pass. HR 633. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.

Senator Brown of the 47th District, Acting 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 House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations :
HB 1154. Do pass.
HB 1186. Do pass.

1040

JOURNAL OF THE SENATE,

HB 1473. Do pass. HB 1522. Do pass as amended. HB 1523. Do pass. HB 1530. Do pass. HB 1531. Do pass. HB 1544. Do pass. HB 1545. Do pass. HB 1548. Do pass. HB 1552. Do pass as amended. HB 1553. Do pass. HB 1554. Do pass. HB 1555. Do pass. HB 1556. Do pass. HB 1557. Do pass. HB 1563. Do pass. HB 1565. Do pass by substitute. HB 1577. Do pass. HB 1578. Do pass. HB 1579. Do pass. HB 1580. Do pass. HB 1581. Do pass. HB 1582. Do pass. HB 1583. Do pass. HB 1584. Do pass. HB 1585. Do pass. HB 1588. Do pass. HB 1590. Do pass. HB 1592. Do pass HB 1596. Do pass. HB 1597. Do pass. HB 1600. Do pass. HB 1608. Do pass. HB 1610. Do pass as amended. HB 1611. Do pass.

MONDAY, FEBRUARY 16, 1970

1041

HB 1614. Do pass. HB 1619. Do pass. HB 1620. Do pass. HR 742. Do pass. HR 806. Do pass.

Respectfully submitted, Brown of 47th District, Acting 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 and resolutions of the Senate and
has instructed me, as Chairman, to report the same back to the Senate with the; following recommendations:

SB 561. Do pass. SR 294. Do pass. SR 295. Do pass.

Respectfully submitted,

Smith of 18th District,

Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on Highways, 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 1085. Do pass. HB 1071. Do pass by substitute.
Respectfully submitted, Hensley of 33rd District, Chairman.

1042

JOURNAL OF THE SENATE,

Senator Smalley of the 28th District, Chairman of the Committee on Judiciary, submitted the following report:

Mr. President:

Your Committee on Judiciary has had under consideration the following bills 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 456. Do pass. SB 518. Do pass by substitute. SB 543. Do pass. SR 239. Do pass by substitute. HB 1042. Do pass. HB 1063. Do pass. HB 1064. Do pass.
Respectfully submitted, Smalley of 28th 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 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 552. Do pass.

Respectfully submitted, Padgett of 23rd District, Chairman.

Senator Fincher of the 51st District, Chairman of the Committee on Public Utilities and Transportation, submitted the following report:

Mr. President:

MONDAY, FEBRUARY 16, 1970

104S

Your Committee on Public Utilities and Transportation 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 i
HR 655. Do pass.
Respectfully submitted,
Fincher of 51st District,
Chairman.

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

SB 558. By Senator Doss of the 52nd:
A bill to provide that in all counties with populations of not more than. 75,000 nor less than 50,000 relating to deposit of costs in divorce cases, as amended, shall not apply, but the Clerks of the Superior Courts in those counties shall not file any divorce case until a fee of $20 has been paid, which fee shall be non-refundable; to repeal conflicting laws; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend SB 558 by striking the designation "24-3404" as it appears in the title, page 1, line 4, and in Section 1, page 1, line 15, and inserting in lieu thereof "24-3406".

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 amended.

1044

JOURNAL OF THE SENATE,

HB 1498. By Mr. Brooks of the 17th:
A bill to amend an Act creating a board of commissioners of roads and revenues of Madison County, so as to change the provisions relating to employment of personnel by said board of commissioners; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:
Amend HB 1498 by inserting at the end of line 6 the following:
"to authorize the board of commissioners of Madison County to supplement the compensation of the employees of the county officers of Madison County";
by renumbering Section 2 as Section 3, and by inserting following Section 1 a new Section 2 to read as follows:
"Section 2. Said Act is further amended by adding between Sections 15 and 16 a new section to be known as Section 15A and to read as follows:
'Section 15A. The board of commissioners of Madison County shall be authorized to supplement the compensation of the deputies, assistants and other personnel employed by each of the various county officers.'"

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.

.SB 544. By Senators Rowan of the 8th and Eldridge of the 7th:
A bill to provide for an assistant court reporter in certain judicial circuits of this State; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 16, 1970

104&

The Committee on County and Urban Affairs offered the following substitute:

A BILL
To be entitled an Act to allow an assistant court reporter in the Alapaha Judicial Circuit; to provide that the counties comprising said, circuit shall compensate the assistant court reporter; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Where the board of commissioners or other governing authorities of the counties comprising the Alapaha Judicial Circuit have approved the same, there shall be an assistant court reporter for that
circuit. The senior judge of the Alapaha Judicial Circuit shall appoint said assistant court reporter in the same manner as he appoints the official court reporter. The board of commissioners or other governing authorities of the counties comprising the Alapaha Judicial Circuit shall set the salary and expenses which such assistant court reporter shall receive. Said sums shall be considered as an expense of the operation of the superior courts in the Alapaha Judicial Circuit.

Section 2. This Act shall become effective upon its approval by th& 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 38, nays 0, and the substitute was adopted.

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

On the passage of the bill, the ayes were 38, nays 0.

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

SB 535. By Senator Kidd of the 25th:
A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to add two more trustees to said

1046

JOURNAL OF THE SENATE,

Board from the membership of the Mayor and Aldermen of the City of Milledgeville, and to provide methods for filling the positions created; 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 532. By Senator Johnson of the 38th: A bill to authorize municipal corporations in this State having a population of more than 400,000 according to the last or any future Federal Decennial Census, to become self insurers under the provisions of Georgia Code Annotated, Section 56-2437, to limit the amounts and coverages of self insurance so provided, to provide that certain liability or damages, or liability or damages in certain amounts, shall not be covered or insured; and for other purposes.
The report 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 540. By Senator Webb of the llth: A bill to amend an Act placing the clerk of the superior court of Seminole County on a salary basis, so as to change the compensation of said clerk; 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.

MONDAY, FEBRUARY 16, 1970

104T

SB 537. By Senator Adams of the 5th:
A bill to amend an Act consolidating and amending the several Acts incorporating the City of Brunswick, so as to delete the requirement that non-returned personal property shall be taxed at double the assessed value; to repeal conflicting laws; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

SB 538. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, and the several Acts amendatory thereof; and for other purposes.

The report 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 536. By Senator Kidd of the 25th:
A bill to amend an Act causing and establishing a new charter for the City of Milledgeville, as amended, so as to provide that the Mayor and Aldermen of the City of Milledgeville shall elect from their own membership 2 members to the 8th and 9th positions on the Board of Trustees of Georgia Military College, which two members shall hold said positions until their respective terms of office shall expire; 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.

1048

JOURNAL OP THE SENATE,

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

,SB 546. By Senator Kidd of the 25th:
A bill creating and establishing a small claims court in and for Wilkinson 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 38, nays 0.

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

SB 547. By Senator Starr of the 44th:
A bill to amend an Act establishing a Civil and Criminal Court of Clayton County, so as to delete the requirement that costs in all civil cases in said court shall be the same as the costs are in the Superior Court of Clayton 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
:SB 548. By Senators Patton of the 40th, Coggin of the 35th, Stephens of the 36th and others: A bill providing for a board of elections in counties of more than 500,000 so as to change the name of such board of elections and of the elections supervisor; to extend the authority of said board and supervisor over the registration of electors; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

MONDAY, FEBRUARY 16, 1970

1049

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

HB 1095. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th and others:
A bill to be entitled an Act to amend an Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1230. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the Ordinary of Newton County on an annual salary in lieu of the fee system of compensation, so as to provide that the budget covering the cost of operating the office of Ordinary shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

The report 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 1231. By Mr. Ballard of the 23rd: A bill to place the Coroner of Newton County on an annual salary in lieu of the fee system of compensation; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

1050

JOURNAL OF THE SENATE,

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

HB 1232. By Mr. Ballard of the 23rd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Newton County into the office of tax commissioner of Newton County, so as to provide that the budget covering the cost of operating the office of tax commissioner shall be the same in subsequent years as the budget approved for the calendar year 1970; 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 38, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1234. By Mr. Ballard of the 23rd: A bill to amend an Act placing the sheriff of the Superior Court of Newton County on a salary in lieu of the fee system of compensation,, so as to provide that the budget covering the cost of operating the office of the sheriff of Newton County shall be the same in subsequent years, as the budget approved for the calendar year 1970; and for other purposes.
The report 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 1233. By Mr. Ballard of the 23rd:
A bill to amend an Act placing the Clerk of the Superior Court of Newton County on an annual salary in lieu of the fee system, so as to provide that the budget covering the cost of operating the office of the Clerk of the Superior Court of Newton County shall be the same in subsequent years as the budget approved for the calendar year 1970; and for other purposes.

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

MONDAY, FEBRUARY 16, 1970

1051

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1414. By Messrs. Westlake, Davis and Floyd of the 75th, Harris, Levitas, Thomason of the 77th and others:
A bill to amend Code Section 92-6201, relating to the time for making tax returns, so as to provide that the tax commissioner of any county of this State having a population of not less than 250,000 nor more than 500,000, may eliminate the penalty for failure to timely file tax returns on motor vehicles; 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 38, nays 0.

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

HB 1423. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act establishing a city court in the City of Sylvester, Worth County, so as to change the name of said court to the "Civil and Criminal Court of Worth County" and to provide that said court shall have jurisdiction to try and dispose of certain 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 38, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1517. By Mr. Grahl of the 40th:
A bill to provide for two additional members of the Board of Education of Peach County; and for other purposes.

1052

JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1516. By Mr. Moore of the 6th:
A bill to amend an Act creating a Board of Commissioners of Stephens; County, so as to add an additional member to the Board of Commissioners; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1524. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tiftonv so as to provide that no member of the commission may contract with or sell to the city; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1562. By Mr. Bray of the 31st:
A bill to amend an Act incorporating the City of Woodbury 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.

MONDAY, FEBRUARY 16, 1970

1053

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1209. By Mr. Brantley of the 114th:
A bill to amend an Act establishing a new charter for the City of Alpharetta, so as to change the terms of office of the Mayor, the Council, and City Recorder; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1389. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th and others:
A bill to amend Section 92-6201 of the Code of Georgia, relating to the time to make tax returns which said amendment shall be applicable to all counties having therein the greater part of a city having a population of more than 400,000; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1392. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Games of the 104th and others:
A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit, so as to change the designation of the officers to whom this Act relates to "first assistant district attorney" and "trial assistant district attorney", respectively; and for other purposes.

1054

JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1397. By Mr. Sorrells of the 24th:
A bill to amend an Act incorporating the City of Social Circle, so as to increase the corporate limits; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1413. By Messrs. Harris of the 77th and Games of the 104th: A bill to amend an Act applying to counties having a population of not less than 300,000 and directing the county commissioners thereof to pay to the board of education all commissions which would have been retained by the commissioner for school taxes, so as to make said Act applicable to counties having a population of not less than 500,000; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

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

HB 1465. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th, Carnes of the 104th and others:
A bill to amend an Act creating the Civil Service Board in Fulton County, so as to provide that no prior residence in Fulton County shall

MONDAY, FEBRUARY 16, 1970

1055

be required for employment in the classified service; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1478. By Messrs. Connell and Dent of the 79th and Miles of the 78th:
A bill to amend an Act providing for the appointment of an associate judge of the city court of certain counties, so as to extend the provisions of said Act for one additional year; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1518. By Messrs. Brown and Melton of the 32nd:
A bill to amend an Act creating a new charter for the City of Griffin, so as to increase the members of the board of commissioners for said city; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

1056

JOURNAL OF THE SENATE,

HB 1528. By Mr. Reaves of the 71st:
A bill to amend an Act creating a new charter for the City of Quitman, so as to provide that a candidate must receive a majority of the votes cast for a particular office in the city election in order to be elected to said office; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1529. By Mr. Paris of the 14th:
A bill to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Barrow County upon an annual salary, so as to change the provisions relating to the compensation of certain personnel within the sheriff's office; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1537. By Messrs. Mason and Nash of the 13th: A bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties and jurisdiction and the officers thereof, so as to provide for a court reporter for said Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

MONDAY, FEBRUARY 16, 1970

1057

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

HB 1546. By Mr. Knowles of the 22nd:
A bill to amend an Act creating a board of county commissioners for Henry County, so as to clarify certain provisions relating to the districts from which commissioners are elected; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1549. By Messrs. Matthews and Fallin of the 63rd: A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to include certain described properties within the corporate limits of said City; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

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

HB 1559. By Messrs. Dorminy and Hudson of the 48th:
A bill to amend an Act creating a new charter for the City of Ashburn, so as to extend the present corporate limits of said city to include certain additional 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.

1058

JOURNAL OF THE SENATE,

HB 1560. By Messrs. Bennett, Barfield and Reaves of the 71st:
A bill to amend an Act placing the sheriff of Echols County on an annual salary in lieu of the fee system of compensation, so as to change the ceiling on the salary of the sheriff; and for other purposes.

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

On the passage of the bill, the ayes were 38, nays 0.

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

HB 1564. By Messrs. Burruss, McDaniell, Kreeger, Housley, Wilson of the 117th and others:
A bill to amend the "Paulding County Water Authority", so as to prohibit certain contracts by the Authority; to provide for the removal of members who violate certain provisions of the Act; to provide for competitive bidding; and for other purposes.

The report 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 1575. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st: A bill to abolish the present mode of compensation for the ordinary of Baker 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.

MONDAY, FEBRUARY 16, 1970

1059

HB 1606. By Mr. Floyd of the 7th:
A bill to amend an Act consolidating the laws chartering the City of Summerville, so as to provide for certiorari directly from decisions rendered in the mayor's or recorder's court of the City of Summerville; and for other purposes.

The report 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 1607. By Mr. Floyd of the 7th:
A bill to amend an Act placing the sheriff of Chattooga County upon an annual salary, so as to change the compensation of the 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 1612. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to create a new board of education of Bulloch 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.

1060

JOURNAL OF THE SENATE,

The following resolutions of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:

HR 669. By Messrs. Nunn and Peterson of the 41st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of Houston County to make grants for the purpose of educating or training certain handicapped citizens of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section XIII, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The Board of Education of Houston County shall be authorized to grant to the parents or guardians, or directly to the private educational institution, of any educatable or trainable mentally retarded or hearing impaired or physically handicapped resident of Houston County, who is 25 years of age or less, a grant when such resident is attending a private educational institution. Such grants shall be made from the funds raised for the maintenance and support of the public educational system of Houston County. The amount of such grant shall be a sum equivalent to the total budget of the Houston County school system for the immediately preceding fiscal year, divided by the average annual public school pupil population of the Houston County school system. The Board shall have the authority to reduce the amount of any grant by a sum equivalent to any grants for such residents from the State Board of Education. No educational grants, under the provisions of this paragraph, shall be authorized after the complete implementation of the provisions of an Act relating to special educational facilities for exceptional children, approved March 7, 1968 (Ga. Laws 1968, p. 120). The Board of Education of Houston County shall establish minimum standards which must be maintained by private educational institutions which are attended by such residents in order for the applicant for such a grant to be entitled to receive same. In addition, the Board of Education is authorized to establish and promulgate such rules and regulations as they deem necessary relating to the administration of this paragraph."
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:

MONDAY, FEBRUARY 16, 1970

1061

"YES ( ) Shall the Constitution be amended so as to authorize the Board of Education of Houston County to make
NO ( ) grants for the purpose of educating or training certain handicapped citizens of Houston County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in 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 Pincher of 61st Fincher of 64th Garrard

Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks 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 50, nays 0.

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

1062

JOURNAL OF THE SENATE,

SR 289. By Senator Smith of the 18th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the City of Perry to grant to certain persons who are 65 years of age or over with limited income an exemption of $2,000.00 from ad valorem taxation on such person's homestead; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph :
"The City of Perry shall be authorized to grant to each person who is sixty-five (65) years of age or over an exemption from all ad valorem taxes levied by such city in the amount of $2,000.00 on the homestead owned and occupied by such person as a residence, if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, including any federal oldage, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes."

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 authorize the City of Perry to grant to certain persons who
NO ( ) are 65 years of age or over with limited income an exemption of $2,000.00 from ad valorem taxation on such person's homestead?"

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.

MONDAY, FEBRUARY 16, 1970

1063

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 Pincher of 51st Fincher of 54th Garrard

Hensley Hill Holley Holloway Hudgins Jackson Kennedy
Kidd London McGill Miller
Noble Padgett Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks
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 50, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 692. By Messrs. Bohannon and Patterson of the 20th:
A RESOLUTION
Proposing an amendment to the Constitution to authorize the General Assembly to create within Carroll County a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

1064

JOURNAL OF THE SENATE,

Section 1. Article VIII, Section IX, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"The General Assembly shall be authorized to create within Carroll County a vocational technical school system and to create a Board of Education to administer its affairs. The General Assembly shall be authorized to provide for the composition, powers, duties and responsibilities of said Board. The General Assembly
may authorize the levying of a tax on the taxable property located within Carroll County to be used to support the activities, affairs and functions of said school system. The General Assembly shall be authorized to provide for any necessary matters connected with the foregoing."

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 authorize the General Assembly to create within Carroll County
NO ( ) a vocational technical school system and to authorize the levying of a tax to support its activities and affairs within Carroll County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in 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 Hensley

MONDAY, FEBRUARY 16, 1970

1065

Hill Holley Holloway Hudgins Jackson
Kennedy Kidd London McGill Miller Noble

Padgett Pennington Plunkett Reeder Reynolds
Riley Rowan Scott Smalley Smith of 18th Smith of 34th

Spinks 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 50, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 732. By Mr. Collier of the 54th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Lee County to license and regulate businesses in the unincorporated area of the county and to levy license taxes or fees on same; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VI, Section I of the Constitution is hereby amended by adding to the end thereof a new paragraph, to read as follows:
"Paragraph I. The governing authority of Lee County is hereby authorized to license and regulate businesses and to levy license taxes on all persons, firms and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission."
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:

1066

JOURNAL OF THE SENATE,

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Lee County to regulate
NO ( ) and license and levy license taxes upon businesses in the unincorporated area of said county?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposal 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

Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks 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 50, nays 0.

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

MONDAY, FEBRUARY 16, 1970

1067

HR 727. By Messrs. Wilson, Kreeger, Burruss and others of the 117th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements ; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"In accordance with such conditions and requirements as the General Assembly may prescribe, the General Assembly is hereby authorized to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and systems of fire protection and prevention within such districts and levy taxes or special assessments therefor on property located within such districts, upon the approval of a majority of the qualified voters voting at a special election called by the Ordinary of said county and held in said districts upon said question; provided that such taxes or assessments shall not exceed five mills upon the valuation of the property located within any such district; and provided further that the homestead exemptions granted by Article VII, Section I, Paragraph IV of this Constitution, and the statutes enacted pursuant thereto, shall not apply to the levy of such taxes and assessments."

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 authorize the General Assembly to provide by law that the
NO ( ) governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain conditions and requirements?"

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".

1068

JOURNAL OF THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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

Hensley Hill Holley Holloway
Hudgins Jackson Kennedy Kidd London McGill Miller Noble Padgett Pennington
Plunkett Reeder Reynolds

Riley Rowan Scott Smalley
Smith of 18th Smith of 34th Spinks 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 50, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted.
HR 725. By Messrs. Wilson, Kreeger, Burruss and others of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers

MONDAY, FEBRUARY 16, 1970

1069

now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Paulding County or other courts established by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new paragraph to read as follows:

"The General Assembly of the State of Georgia is hereby authorized :

1. To empower the governing authority of Paulding County,
Georgia, 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; and for the implementation and enforcement of all duties and powers now or hereafter vested in the governing authority of Paulding County, Georgia, and to provide penalties for violations of such ordinances.

2. To authorize the Superior Court of Paulding County, or other judiciary established by the General Assembly, with jurisdiction in Paulding County, and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violation thereof; and which shall have such other and further powers as may be prescribed by law, including civil actions to enforce such ordinances."

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

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to empower the governing
NO ( ) authority of Paulding County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to

1070

JOURNAL OF THE SENATE,

provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court
of Paulding County or other courts established by the General Assembly?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

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

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

Those voting in the affirmative were Senators:

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

Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks 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 50, nays 0.

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

MONDAY, FEBRUARY 16, 1970

1071

HR 726. By Messrs. Wilson, Kreeger, Burruss and others of the 117th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph III of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"In accordance with such conditions and requirements as the General Assembly may prescribe, the General Assembly is hereby authorized to provide by law that the governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and may therein create, construct, maintain and operate a system or systems for the disposal of sewage within such districts and levy taxes therefor on all property located within said districts upon the approval of a majority of the qualified voters of said districts voting at a special election called by the ordinary of said County and held in said districts upon said question; provided that such taxes shall not exceed five mills upon the valuation of the property located within any such district. The General Assembly may further authorize said county to issue bonds for any such district, and in the event bonds are issued for a specific district, a tax may be levied therein, unlimited as to rate or amount. If issued, such bonds shall be authorized in all respects as provided by Article VII, Section VII, Paragraph I of this Constitution upon the approval of a majority of the qualified voters of said districts voting at a special election called by the Ordinary of said County and held in said districts upon said question. Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly may further provide that any such district may issue bonds in an amount up to ten (10%) percent of the assessed valuation of the property located therein subject to taxation for bond purposes. The homestead exemptions granted by Article VII, Section I, Paragraph IV of this Constitution, and the statutes enacted pursuant thereto, shall not apply to the levy of taxes herein authorized either for operation and maintenance of the system or for debt service."

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.

1072

JOURNAL OF THE SENATE,

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law that the
NO ( ) governing authority of Paulding County may establish and administer sewage districts within the bounds of said county and levy taxes and issue bonds therefor within such districts under certain conditions and requirements?"

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 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

Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Miller Noble
Padgett Pennington
Plunkett Reeder Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks 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 50, nays 0.

MONDAY, FEBRUARY 16, 1970

1073:

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

HR 665. By Mr. Ballard of the 23rd:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and ta provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new paragraph to read as follows:
"The General Assembly of the State of Georgia is hereby authorized:
1. To empower the governing authority of Newton County, the Board of Commissioners of Newton County, Georgia, 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; and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of Newton County, Georgia, and to provide penalties for violations of such ordinances.
2. To authorize the Superior Court of Newton County, or other judiciary established by the General Assembly, with jurisdiction in Newton County, and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violation thereof; and which shall have such other and further powers as may be prescribed by law, including civil actions to enforce such ordinances."
Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken there-

1074

JOURNAL OF THE SENATE,
on, such proposed amendment shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to empower the governing
NO ( ) authority of Newton County to enact ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

The Committee on County and Urban Affairs offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize and empower the Board of Commissioners of Newton County to adopt ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said Board of Commissioners of Newton County and to provide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new paragraph to read as follows:

MONDAY, FEBRUARY 16, 1970

1075

"The Board of Commissioners of Newton County is hereby authorized and empowered:

1. 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; and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of Newton County, Georgia, and to provide penalties for violations of such ordinances.

2. The Superior Court of Newton County, or other judiciary established by the General Assembly, with jurisdiction in Newton County, shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalty for violations thereof; and shall have such other and further powers as may be prescribed by law, including civil actions to enforce such ordinances."

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

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

"YES ( ) Shall the Constitution be amended so as to authorize and empower the Board of Commissioners of Newton
NO ( ) County to adopt ordinances for the policing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said Board of Commissioners as the governing authority of Newton County and to provide penalties for violation of such ordinances and to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Newton County or other courts established by the General Assembly?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

1076

JOURNAL OF THE SENATE,

On the adoption of the substitute, the ayes were 50, nays 0, and the substitute was adopted.

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

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

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

Hensley Hill
Holley Holloway Hudgins
Jackson Kennedy Kidd
London McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds

Riley Rowan
Scott Smalley Smith of 18th Smith of 34th Spinks 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 50, nays 0.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.
HR 680. By Mr. Knowles of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of Henry' County to license and regulate businesses in the unincorporated areas of Henry County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1077

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

"The General Assembly is authorized to empower the Board of Commissioners of Henry County with the right and power, for regulatory and revenue purposes, to levy, assess, and collect a nominal license fee from any persons, firms or corporations, except those subject to regulation by the State Public Service Commission, who
may maintain a place of business or who may in any manner engage in any type of business in any area of Henry County outside the incorporated limits of municipalities. To provide for public welfare, health and security of the people of Henry County, the Board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the Board shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

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 authorize the General Assembly to empower the Board of
NO ( ) Commissioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this,
State.

The Committee on County and Urban Affairs offered the following substitute:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to empower the Board of Commissioners of

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JOURNAL OF THE SENATE,

Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Henry County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The General Assembly is authorized to empower the Board of Commissioners of Henry County with the right and power, for regulatory and revenue purposes, to levy, assess, and collect a license fee from any person, firm, or corporation, except those subject to regulation by the State Public Service Commission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Henry County outside the incorporated limits of municipalities and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Henry County. To provide for public welfare, health and security of the people of Henry County, the Board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the Board shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

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 authorize the General Assembly to empower the Board of Com-
NO ( ) missioners of Henry County to license and regulate businesses in the unincorporated areas of Henry County and to levy and collect excise taxes in connection with any activity at any racetrack in any area of Henry County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

MONDAY, FEBRUARY 16, 1970

1079-

On the adoption of the substitute, the ayes were 50, nays 0, and the substitute was adopted.

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

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

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

Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London
McGill Miller
Noble Padgett Pennington
Plunkett Reeder
Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks 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 50, nays 0.

The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.

HR 617. By Messrs. Brown and Melton of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the first Spalding County grand jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to

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be necessary or desirable; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article XI, Section II, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following:

"The first Spalding County grand jury drawn in 1971, and each
four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought by such grand jury to be necessary or desirable. The recommendations shall be made a part of the grand jury's presentment, but shall have no binding effect upon the governing authority of the county or the General Assembly."

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 provide that the first Spalding County grand jury drawn in
NO ( ) 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county and recommend such salary increases as are thought to be necessary or desirable?"
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.

Senator Smalley of the 28th offered the following amendment:
Amend HR 617 by deleting in Section 1, page 1, line 14, the phrase ", and each four years thereafter," and inserting in lieu thereof the following phrase:
", and each fourth year thereafter,"

On the adoption of the amendment, the ayes were 50, nays 0, and the amendment was adopted.

MONDAY, FEBRUARY 16, 1970

1081

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

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

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

Hensley Hill Holley Holloway
Hudgins Jackson Kennedy Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Smalley
Smith of 18th Smith of 34th Spinks 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 50, nays 0.

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

HR 730. By Mr. Paris of the 14th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Barrow County School System by merging the independent school system of the City of Winder and the County school system of Barrow County into one school district; to create a Board of Education of said System; to provide for a School Superintendent of said System; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof the following:

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"Effective at the time and in the manner provided hereinafter there is hereby created the Barrow County School System by merging the independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The Barrow County School System shall be one school district and shall encompass the territorial limits of Barrow County as the same may now or hereafter exist or be defined. The Barrow County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such provisions are in conflict with this amendment or laws enacted pursuant to the authority of said amendment. For the purposes of this provision, the Auburn
School District which shall hereafter be referred to and known as the Auburn School Area, the Bethlehem School District which shall hereafter be referred to and known as the Bethlehem School Area, the County Line School District which shall hereafter be referred to and known as the County Line School Area, the Holsenbeck School District which shall hereafter be referred to and known as the Holsenbeck School Area, and the Statham School District which shall hereafter be referred to and known as the Statham School Area, shall remain as constituted and defined by the Board of Education of Barrow County at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the Gen-
eral Assembly or any amendment thereto relative to the Barrow County School System. For the purposes of this provision, the Winder School District which shall hereafter be referred to and known as the Winder School Area shall remain as constituted and defined by the Board of Education of the independent school system of the City of Winder at the time of ratification of this amendment, unless specifically provided otherwise by any Act of the General Assembly or any amendment thereto relative to the Barrow County
School System. The General Assembly may delegate to the Board of Education of the Barrow County School System the authority to decrease the size of, enlarge the size of and to redefine the school areas herein named.

There is hereby created a Board of Education of the Barrow County School System and said school sytem shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members as follows: one member from the Auburn School Area, one member from the Beth-
lehem School Area, one member from the County Line School Area, one member from the Holsenbeck School Area, one member from the Statham School Area and four members from the Winder School Area. Except for the initial or first members of said Board, the terms of the members of said Board shall be four years. All members of said Board shall take office on the first day of January immediately following their selection, appointment or election to office. In the event a member moves his residence from the area he
represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled. In the event the area of any school is decreased, enlarged or redefined so that such area does not include the residence of the member representing such area, such member shall nevertheless represent such area until the
expiration of his term of office. At its first meeting, the members

MONDAY, FEBRUARY 16, 1970

1083

of the Board shall elect one of their number to serve as Chairman
and at its first meeting in January of each year thereafter the members of the Board shall elect one of their number to serve as Chairman for the ensuing year and until the election of a Chairman in the subsequent year. A member shall be eligible to succeed himself as Chairman of the Board and a member, so long as he remains a resident of the area he represents, shall be eligible to succeed himself as a member of the Board. The General Assembly is hereby authorized to provide by law the manner of selection, appointment or election and the time of selection, appointment or election of the members of the Board of Education of the Barrow County School System and to provide for the filling of vacancies on said Board.

The independent school system of the City of Winder and the
Board of Education thereof and the existing school district in the County of Barrow outside the corporate limits of the City of Winder and the Board of Education thereof shall continue to exist until July 1, 1971, at which time said School Systems and the Boards of Education thereof shall stand abolished. On July 1,1971, the Barrow County School System and the Board of Education thereof herein created shall come into existence and shall become the successors to
such abolished School Systems and Boards of Education and shall be subject to all constitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of said amendment.

There is hereby established within and for the Barrow County School System the Office of School Superintendent of the Barrow County School System and a School Superintendent of the Barrow County School System.

On January 1, 1971, the County School Superintendent of Barrow County in office at the time this merger becomes effective shall assume the duties of the School Superintendent of the newly created Barrow County School System, and he shall be the successor to the School Superintendent of the existing independent school system of the City of Winder and the School Superintendent of the existing school district in the County of Barrow outside the corporate limits of the City of Winder. The School Superintendent of the Barrow County School System created herein shall continue to serve as the School Superintendent of the Barrow County School System until his present term of office as School Superintendent of the existing
school district in the County of Barrow outside the corporate limits of the City of Winder expires on December 31, 1972. Thereafter, successors to the School Superintendent of the Barrow County
School System shall be appointed by the Board of Education of the Barrow County School System. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. The
School Superintendent shall be appointed for a term of one or more years and he shall receive such salary and other compensation as may be fixed by the Board of Education. Said School Superintendent shall be subject to all constitutional and statutory provisions relative to County School Superintendents unless such provisions are in

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conflict with the provisions of this amendment or laws enacted pursuant to the authority of this amendment.

In the event the School Superintendent of the existing school district in the County of Barrow outside the corporate limits of the City of Winder should die, become disqualified or for any other reason be unable to assume the duties of his office prior to the time such person qualifies as such School Superintendent, the School Superintendent of the Barrow County School System shall be appointed by the Board of Education of the Barrow County School System for a term of office of one or more years commencing on July 1,1971. A majority vote of said Board shall be necessary for the appointment of said School Superintendent. In case of a vacancy in the office of School Superintendent of the Barrow County School System for any reason, the Board of Education of the Barrow County School System shall appoint a successor School Superinten-
dent for the unexpired term.

The governing authority of Barrow County is hereby authorized to levy a tax on all taxable property in Barrow County for the support and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitution as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increasing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Barrow County School System.

The General Assembly shall be authorized to provide by law
for all matters relative to the Barrow County School System, the Board of Education thereof and the School Superintendent thereof. On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two systems so merged shall become the property, facilities and assets of the Barrow County School System.

The governing authorities of the City of Winder and of Barrow
County and the Board of Education of the two school systems merged herein are hereby authorized and directed to execute such instruments and to perform such duties as are necessary to effectuate the provisions herein. The General Assembly shall be autho-
rized to provide by law appropriate provisions relative to existing contracts, payments of debts, bonded indebtedness and all other obligations of the existing independent school system of the City of Winder and the existing school district in the County of Barrow outside the corporate limits of the City of Winder existing on the date the Barrow County School System and the Board of Education thereof shall come into existence. Even though the existing
independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder and their respective Boards of Education and School Superintendents shall cease to exist on July 1, 1971, the
respective taxes levied for the support and maintenance of said systems for the remaining one-half of the calendar year 1971 shall

MONDAY, FEBRUARY 16, 1970

1085

be levied, collected and turned over to the Barrow County School System for its use in providing for a system of education as pro-
vided herein. Notwithstanding the merged system and the Board of Education thereof and the superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1971; the General Assembly is hereby authorized to provide by law all matters as shall be necessary prior to that date such as the selection, appointment or election of members of the Board of Education, appointment by said Board of the School Superintendent and other necessary and related matters to effectuate and implement the provisions herein and laws authorized pursuant
thereto. The General Assembly is hereby authorized to repeal, amend, modify or change any laws enacted pursuant to this amendment.

The authority herein granted to the General Assembly and the authority to be granted by the General Assembly to effectuate and implement the purposes of this amendment shall exist notwithstanding any other provisions of this Constitution or any general or spe-
cial laws of the State of Georgia.

Authority is hereby granted to the governing authority of Barrow County to maintain the school system herein provided and to support the same. Said school system may add thereto, maintain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add thereto vocational schools and colleges. The General Assembly shall be authorized to provide by law that the governing authority of any municipality in Barrow County and the governing authority of Barrow County shall be authorized to appropriate money from their general funds to the Board of Education of the Barrow County School System.

The Board of Education of the Barrow County School System shall be authorized to meet on as many days as it may deem necessary from June 15, 1971, until July 1, 1971, for the purposes of electing a Chairman of said Board, and to effectuate an orderly
transition of the independent school system of the City of Winder and the existing school district of the County of Barrow outside the corporate limits of the City of Winder into the Barrow County School System created herein. The first meeting of the Barrow
County School System shall be called by the School Superintendent of the existing school district of the County of Barrow outside the corporate limits of the City of Winder."

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 create the Barrow County School System by merging the

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NO ( ) independent school system of the City of Winder and the county school system of Barrow County into one school district; to create a Board of Education of said System and to provide for a School Superintendent of said System?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against 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 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

Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Miller Noble Padgett Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks 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 50, nays 0.

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

MONDAY, FEBRUARY 16, 1970

1087

HR 664. By Messrs. Caldwell and Smith of the 39th:

A RESOLUTION

To amend the Constitution of the State of Georgia so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of real and personal property of the City of Thomaston and the County of Upson, to provide the powers and duties of such joint board of tax assessors, to require that all taxable property in said city and county be returned for taxation to the Tax Commissioner of Upson County and the taxes due thereon paid to said Tax Commissioner, to fix the time for making such returns and paying said taxes, and the manner of enforcement of said taxes, to provide the manner of paying the expenses incurred in such assessment and collection, to authorize the use of joint tax forms and digest; to provide for the submission of the proposed amendment for ratification or rejection; and for other purposes.

Be it resolved by the General Assembly of Georgia, and it is hereby resolved by virtue of the authority thereof:

Section 1. Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia is hereby amended by adding thereto the following:

"A. The General Assembly of Georgia shall have the power by general or special law to:

"(1) Consolidate and combine the Board of Tax Assessors of the City of Thomaston and the County of Upson, and to define the jurisdiction, powers and duties thereof, the number, terms and qualifications of the members of such board, the method of appointment and of filling vacancies, and for the removal and remuneration of said members, and

"(2) Authorize said joint board to assess all taxable real and personal property in said county and city for taxation by either the County of Upson for state, county, school or other ad valorem taxes or by the City of Thomaston for all purposes which may now or hereafter be authorized by law, and

"(3) Require that all property taxable by either said city or county be returned for taxation to the Tax Commissioner of Upson County, Georgia, and that the taxes due thereon to either said city or county be paid to and collected by the Tax Commissioner of Upson County, Georgia, and to fix the time for making such returns and paying said taxes, and

"(4) To provide the manner of enforcing the collection of said city, state, county, school and other ad valorem taxes, and

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"(5) Authorize or direct appropriations by said city or county, or by both, or provide otherwise, for the support of said joint board of tax assessors, and

"(6) Fix the amount of compensation to be paid by the City of Thomaston to the Board of Commissioners of Roads and Revenue of Upson County, Georgia, as said city's share of the expenses incurred in the operation of the office of said Tax Commissioner and to fix the amount of compensation to be paid by said city to said Tax Commissioner for his services in receiving and collecting said city's taxes, including motor vehicle ad valorem taxes, and

"(7) To authorize the Tax Commissioner of Upson County, Georgia, to prepare and use joint city and county tax forms and
digests.

"B. Nothing contained in this amendment shall be construed to apply to corporations or persons now required by law to return their property to the State Revenue Commissioner for ad valorem taxation.

"C. The authority conferred on the General Assembly by this amendment shall be retroactive to January 1, 1970. Any Act passed after January 1, 1970, germane to the subject matter of this amendment, whether it be a general or special law or a city charter amendment, shall be conclusively presumed to have been passed under the authority of this amendment. It is declared that the authority conveyed to the General Assembly by this amendment relates to only one general subject matter and the General Assembly is empowered, but not directed, to exercise such authority by one law or by more than one law pertaining: to all or any one or more of said functions, which law or laws may be passed prior to the submission of this amendment for ratification."

Section 2. Be it further resolved that when this amendment shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on the journals of each branch with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as is provided in Article XIII, Section I, Paragraph I, of the Constitution of the State of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said paragraph of said Constitution.

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

"For ratification of amendment to Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax assessors

MONDAY, FEBRUARY 16, 1970

1089

for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner."
"Against ratification of amendment to Article XI, Section I, Paragraph VI, of the Constitution of the State of Georgia of 1945, so as to authorize the General Assembly to consolidate and combine the Board of Tax Assessors of the City of Thomaston and of the County of Upson into a single board of tax Assessors for said city and county and to require that all taxable property in said city and county be returned to the Tax Commissioner of Upson County and the city and county taxes due thereon paid to said Tax Commissioner."
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 said Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue a proclamation thereon.

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

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

Those voting in the affirmative were Senators:

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

Hensley Hill
Holley Holloway
Hudgins Jackson Kennedy
Kidd London McGill Miller Noble
Padgett Pennington Plunkett
Reeder Reynolds

Riley Rowan Scott Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trijppe Tysinger Vann Ward Webb Young Zipperer

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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 majority, was adopted.

The following resolutions of the Senate were read and adopted:
SR 308. By Senator Garrard of the 37th: A resolution commending the Georgia Office of Rehabilitation Services; State Department of Education; and for other purposes.
SR 310. By Senator Adams of the 26th: A resolution expressing appreciation to the young ladies of the telephone center; and for other purposes.
Senator Cox of the 21st asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:
SB 563. By Senator Cox of the 21st: A bill to provide for the appointment of the County School Superintendent of Emanuel County by the Board of Education of Emanuel County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; to provide for a referendum; and for other purposes.
The consent was granted.
Referred to Committee on County and Urban Affairs.
Senator Cox of the 21st asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:
SB 564. By Senator Cox of the 21st: A bill to provide for a referendum election in Emanuel County at which the voters of Emanuel County shall be given a choice of

MONDAY, FEBRUARY 16, 1970

1091

increasing the number of members of the Board of Education to seven, all of whom shall be appointed by the Grand Jury, or of increasing the number of members of the Board to seven all of whom shall be elected, or of having the Board remain as presently constituted; to repeal conflicting laws; and for other purposes.

The consent was granted.

Referred to Committee on County and Urban Affairs.
The following general bills of the Senate, favorably reported by the committees, were read the third time, and put upon their passage:
SB 338. By Senator Fincher of the 51st: A bill to provide an expense allowance for the District Attorney of the Blue Ridge Judicial Circuit for the payment of secretarial help and for the payment of other expenses in connection with the operation of the office of said District Attorney; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the Chair 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 Broun of 46th Brown of 47th Carter Chapman Coggin Dean Doss Eldridge

Fincher of 54th Garrard Gillis Holley Kennedy Kidd McGill Noble Padgett Reynolds Riley

Rowan Scott Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Webb Young

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Those voting in the negative were Senator Andrews of 49th and Senator London of 50th.

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

On the passage of the bill, the ayes were 32, nays 2.

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

Senator Fincher of the 51st moved that SB 338 be immediately transmitted to the House.

On the motion, the ayes were 36, nays 0; the motion prevailed, and SB 338 was immediately transmitted.

SB 461. By Senators Stephens of the 36th, Chapman of the 32nd and Ward of the 39th:
A bill to authorize and direct the governing authority of each county and municipality to provide for the hiring of a full-time jailer or jailers for each jail or lockup within the political boundaries affected in order that each said jail shall not be left unattended at any time; and for other purposes.

Senator Adams of the 26th offered the following amendment:
Amend SB 461 by deleting the phrase "the hiring of a full-time" in line 10, and by deleting the words "at any time." on lines 12 and 13, and inserting in lieu thereof the following:
"while a prisoner or prisoners are incarcerated therein."

Senator Noble of the 19th offered the following amendment:
Amend SB 461 by adding a new Section 2 to read as follows:
"This Act shall not apply to any county with a population of 20,000 or less."
And, by renumbering Section 2 as Section 3.

MONDAY, FEBRUARY 16, 1970

1093

On the adoption of the amendment, the ayes were 19, nays 14, and the amendment was adopted.

Senator Stephens of the 36th moved that SB 461 be recommitted to the Committee on Health and Welfare.

On the motion, the ayes were 29, nays 3; the motion prevailed, and SB 461 was recommitted to the Committee on Health and Welfare.

SB 517. By Senator Adams of the 26th:
A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to change the amount which may be charged in addition to the maximum service charge on a premium finance agreement; and for other 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 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
Adams of 26th Andrews Bateman Broun of 46th Carter Chapman Coggin
Doss Eldridge Fincher of 54th

Gillis Hensley
Hill Holley Hudgins Jackson Kennedy Kidd Miller
Padgett Reynolds Riley

Rowan Scott
Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Ward
Webb Young Zipperer

Those voting in the negative were Senators:

Brown of 47th Cox

Dean Noble

Smalley Vann

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JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 36, nays 6.

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

SB 523. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Title 13, known as the "Banking Law" of Georgia, as amended, so as to change the fee for filing an application with the Secretary of State for a bank charter; and for other purposes.

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

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

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

SB 524. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 109-405, relating to fees payable to the Secretary of State by a banking company filing a petition for an amendment to its charter, so as to change the filing fee; and for other purposes.

The report 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.

SB 522. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 13-204.1 which prohibits a bank from conducting a banking business in this State except on the premises of the place of business, so as to prohibit a bank from conducting a banking business off the premises by such means as receptacles for

MONDAY, FEBRUARY 16, 1970

1095

the receipt of deposits, armored car messenger service and loan production offices; and for other purposes.

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

On the passage of the bill, 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:

Adams of 26th Andrews Bateman Broun of 46th Carter Coggin Doss Fincher of 54th Garrard

Hill Holley Jackson Kennedy Reeder Reynolds Riley Scott Smalley

Smith of 34th Starr Stephens Trippe Tysinger Ward Webb Young Zipperer

Those voting in the negative were Senators:

Abney Adams of 5th Chapman
Cox Dean

Eldridge Hensley Hudgins Kidd London

McGill Miller Pennington Rowan Spinks

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

On the passage of the bill, the ayes were 27, nays 15.

The bill, having failed to receive 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 522.

Senator Smith of the 18th moved that the following bill of the Senate be placed on the Rules Calendar for today:

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SB 525. By Senator Spinks of the 9th:
A bill to create the agency of State government to be known as the Georgia Agrirania; to provide that the agency shall be under the direction of the Governor; to provide for a three member board of advisors; and for other purposes.

On the motion, the ayes were 30, nays 0; the motion prevailed, and SB 525 was placed on the Rules Calendar.

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

SB 474. By Senator Dean of the 6th:
A bill incorporating and creating a new charter for the City of Jesup, as amended, so as to provide for recall of the city commissioners, including the mayor, by the voters of the city; and for other purposes.

The House amendment was as follows:
Amend SB 474 by striking from quoted Section 4B of Section 1 the word, symbols and figure "ten (10%)" wherever the same may appear and inserting in lieu thereof the word, symbols and figure "fifteen (15%)".

Senator Dean of the 6th moved that the House amendment to SB 474 be agreed to.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendment to SB 474 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 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 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend a Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1097

The Speaker has appointed on the part of the House the following members thereof:

Messrs. Barfield of the 71st, Bennett of the 71st and Lee of the 21st.

The House has agreed to the Senate amendment, as amended hy the House, to the following bill of the House, to-wit:

HB 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th and others: A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways" so as to change the provisions relating to exhaust systems, brakes and windshield wipers; and for other purposes.
The House has passed by the requisite constitutional majority the following bills of the House, to-wit:
HB 1589. By Messrs. Felton and Hawes of the 95th: A bill to amend Code Section 26-506, relating to multiple prosecution for same conduct, so as to require an accused to make a pre-trial motion for single prosecution before several crimes arising out of the same conduct must be prosecuted in a single prosecution; and for other purposes.
HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 46th: A bill to amend Title 34 of the Code of Georgia, relating to elections, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.
HB 100. By Messrs. Murphy of the 19th, Paris of the 14th and others: A bill 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, so as to change the rate of taxation imposed on individuals; and for other purposes.
HB 1615. By Messrs. Floyd, Higginbotham, Davis and Westlake of the 75th, Collins of the 72nd, Morris of the 73rd, Farrar of the 77th and others: A bill to prohibit any real estate agent or broker from inducing or attempting to induce for profit any person to sell or rent his dwelling

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by the use of representations that a person or persons or a particular race, color, religion or national origin are planning to rent or buy a house, apartment or other abode in the neighborhood; and for other purposes.

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

HR 876. By Messrs. Smith of the 43rd, and Busbee of the 61st, and many many many others:
A resolution relative to adjournment 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 1030. By Messrs. Games of the 104th and Cooper of the llth:
A bill to revise, classify, consolidate and supersede the present Juvenile Court Laws and to establish new laws relating thereto; and for other purposes.

HB 1226. By Mr. Barber of the 15th:
A bill establishing the Teacher's 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 1651. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to prevent discrimination on account of race, creed, color or national origin in connection with the education of the children of the State of Georgia; to make provisions relative to the assignment and attendance of students; and for other purposes.

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

SR 89. By Senators Smith of the 18th, Plunkett of the 30th, Coggin of the 35th and Gillis of the 20th:
A resolution amending the Rules of the Senate; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1099

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

On the adoption of the resolution, the ayes were 40, nays 5.

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

The President announced as the doctor of the day, Dr. Katherine Stucky, and as the nurse of the week, Miss Mary Ann Henson.

The following general bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SB 525. By Senator Spinks of the 9th:
A bill to create the agency of State government to be known as the Georgia Agrirama; to provide that the agency shall be under the direction of the Governor; to provide for a three member board of advisors; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following amendment:
Amend SB 525 by striking the word "three" in the fourth line of the title and inserting the word "thirteen" in lieu thereof, so that said title shall read:
"An Act to create the agency of State government to be known as the Georgia Agrirama; to provide that the agncy shall be under the direction of the Governor; to provide for a thirteen member board of advisors; to provide for a director; to provide for all qualifications and duties; to provide for the powers and duties of the Georgia Agrirama; to provide for the acceptance and expenditure of funds; to provide an effective date; to repeal conflicting laws; and for other purposes."
And by striking paragraph one of Section 2 in its entirety and inserting a new paragraph in lieu thereof, to read as follows:
"Section 2. The Georgia Agrirama shall be under the direction of the Governor, who shall be assisted by a thirteen member board of governors which shall serve in an advisory capacity to the Governor. The Board shall consist of the following members:
1. Dean and Coordinator of College of Agriculture
2. Commissioner of Agriculture

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3. President, Georgia Farm Bureau Federation 4. Chairman, Senate Agriculture Committee 5. Chairman, House Agriculture Committee 6. Director of Tourism of Industry and Trade 7. Architect in charge of project 8. Director, Coastal Plain Planning Commission 9. Director, Coastal Plain Experiment Station 10. Senator from 9th Senatorial District 11. President, Ag Alumni Association 12. Secretary-Treasurer, Ag Alumni Association 13. Executive Secretary, Historical Commission

The Governor shall appoint the members of the Board who shall serve at his pleasure and who shall be knowledgeable in agriculture, particularly in the history thereof."

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

Senator Spinks of the 9th offered the following substitute:
A BILL
To be entitled an Act to create a facility of State government to be known as the Georgia Agrirama; to provide that the agency shall be under the direction of the Board of Regents; to provide for a thirteen member board of advisors; to provide for a director; to provide for all qualifications and duties; to provide for the acceptance and duties of the Georgia Agrirama; to provide for the acceptance and expenditure of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created and established a new facility under the Board of Regents and as an adjunct of the Coastal Plains Experiment Station to be known as the "Georgia Agrirama".
Section 2. The Board of Regents shall be assisted by a thirteen member board of governors composed as follows:
1. Dean and Coordinator of College of Agriculture
2. Commissioner of Agriculture

MONDAY, FEBRUARY 16, 1970

1101

3. President, Georgia Farm Bureau Federation 4. Chairman, Senate Agriculture Committee 5. Chairman, House Agriculture Committee 6. Director of Tourism of Industry and Trade 7. Architect in charge of project 8. Director, Coastal Plain Planning Commission 9. Director, Coastal Plain Experiment Station 10. Senator from 9th Senatorial District 11. President, Ag Alumni Association 12. Secretary-Treasurer, Ag Alumni Association 13. Executive Secretary, Historical Commission

Section 3. The Georgia Agrirama shall have the following powers: (a) to make and execute contracts and other instruments necessary to exercise the powers of the facility; (b) to receive and administer gifts, grants and devises of any property and to administer trusts; (c) to acquire by purchase or gift any real or personal property desired to be acquired as part of any project; (d) to appoint employees and to provide their compensation and duties; (e) to construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects, and to pay all or part of the cost of any such project from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the agency is authorized to receive and accept and use.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 36, nays 0, and the 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 37, nays 0.

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

Senator Holley of the 22nd moved that the following bill of the Senate be immediately transmitted to the House:

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SB 523. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Title 13, knuwn as the "Banking Law" of Georgia, as amended, so as to change the fee for filing an application with the Secretary of State for a bank charter; and for other purposes.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 523 was immediately transmitted to the House.

Senator Holley of the 22nd moved that the following bill of the Senate be immediately transmitted to the House:

SB 524. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 109-405, relating to fees payable to the Secretary of State by a banking company filing a petition for an amendment to its charter, so as to change the filing fee; and for other purposes.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 524 was immediately transmitted to the House.

Senator McGill of the 24th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 565. By Senator McGill of the 24th:
A bill to amend an Act placing the clerk of the Superior Court of Warren County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the clerk of the Superior Court; to repeal conflicting laws; and for other purposes.

The consent was granted.
Referred to Committee on County and Urban Affairs.
Senator McGill of the 24th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:
SB 566. By Senator McGill of the 24th: A bill to amend an Act providing for the compensation of the Ordinary of Warren County, as amended, so as to change the compensation of the Ordinary; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1103

The consent was granted.

Referred to Committee on County and Urban Affairs.

Senator McGill of the 24th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:
SB 567. By Senator McGill of the 24th: A bill to amend an Act placing the sheriff of Warren County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the said officer; to repeal conflicting laws; and for other purposes.
The consent was granted.
Referred to Committee on County and Urban Affairs.
Senator McGill of the 24th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:
SB 568. By Senator McGill of the 24th: A bill to amend an Act creating a commissioner of roads and revenues of Warren County, as amended, so as to change the compensation of the commissioner and the clerk; to repeal conflicting laws; and for other purposes.
The consent was granted.
Referred to Committee on County and Urban Affairs.
Senator Adams of the 26th moved that the following bill of the Senate be immediately transmitted to the House:
SB 517. By Senator Adams of the 26th: A bill to amend an Act known as the "Insurance Premium Finance Company Act", so as to change the amount which may be charged in addition to the maximum service charge on a premium finance agreement; to repeal conflicting laws; and for other purposes.

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On the motion, the ayes were 32, nays 0; the motion prevailed, and SB 517 was immediately transmitted to the House.

Senator Webb of the llth moved that the following bill of the Senate be immediately transmitted to the House.

SB 537. By Senator Adams of the 5th:
A bill to amend an Act consolidating and amending the several Acts incorporating the City of Brunswick, so as to delete the requirement that non-returned personal property shall be taxed at double the assessed value; to repeal conflicting laws; and for other purposes.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 537 was immediately transmitted to the House.

Senator Webb of the llth moved that the following bill of the Senate be immediately transmitted to the House:

SB 540. By Senator Webb of the llth: A bill to amend an Act placing the clerk of the superior court of Seminole County on a salary basis, so as to change the compensation of said clerk; to repeal conflicting laws; and for other purposes.
On the motion, the ayes were 33, nays 0; the motion prevailed, and SB 540 was immediately transmitted to the House.
The following bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:
SB 521. By Senators Holley of the 22nd, Trippe of the 31st and Coggin of the 35th: A bill to amend Code Section 57-101, relating to the legal rate of interest so as to increase the maximum rate of interest specified in writing from 8 to 10%; and for other purposes.
Senator Searcey of the 2nd moved that SB 521 be tabled.
On the motion, the ayes were 31, nays 11; the motion prevailed, and SB 521 was tabled.

MONDAY, FEBRUARY 16, 1970

1105

The following resolutions of the Senate, favorably reported by the committees, were read the third time, and put upon their passage:

SR 266. By Senators Walling of the 42nd and Reeder of the 55th:
A resolution creating the Pernbank Science Center Commission; and for other purposes.

The Committee on Scientific Research offered the following amendment:
Amend SR 266 by inserting on page 2, line 23, after the word "Commission" and before the phrase "The President of the Senate" the following phrase:
"and The State Planning Officer;"

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 adoption of the resolution as amended, 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 as amended.
SR 280. By Senators Patton of the 40th and Pennington of the 45th: A resolution authorizing and directing the State Highway Department to determine the boundaries of certain rights-of-way along Roswell Road in Fulton County, which are surplusage, and authorizing and directing the Governor to deed the said surplusage to adjoining landowners; and for other purposes.
The Committee on Highways offered the following substitute:
A RESOLUTION
Authorizing the State Highway Department to determine the boundaries of certain rights-of-way along Roswell Road in Fulton County, Georgia, which are surplusage, and authorizing the Governor to deed, the said surplusage to adjoining landowners; and for other purposes.

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WHEREAS, the rights-of-way along Roswell Road in Fulton County, Georgia; were acquired during the 1930's, when real property was dirt cheap, and owners thereof were glad to give or sell as much as possible in order to avoid tax consequences; and

WHEREAS, as a result, some rights-of-way along said road are as much as 150 feet wide, while others are more closely in line with the strip necessary and desirable; and

WHEREAS, the larger rights-of-way are not being used, and thus are surplusage; and

WHEREAS, officials of Fulton County and the State Highway Department are willing to part with the surplusage.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized to survey the rights-of-way along Roswell Road in Fulton County, Georgia, to determine which such rights-of-way are excessively large, and thus, surplusage, and to describe the boundaries of such surplusage in sufficiently accurate and descriptive terminology in order that the same may be deeded and conveyed to abutting property owners by the Governor.

BE IT FURTHER RESOLVED that this is an authorization and not a mandate and that the State Highway Department may employ said authorization at its sole discretion.

BE IT FURTHER RESOLVED that the Governor is hereby authorized to convey, by the necessary and proper deeds to the adjoining or abutting landowners, all the surplus real property contained in the descriptions to be created by the State Highway Department, as required herein. The consideration for each parcel of land so deeded shall be $1.00.

On the adoption of the substitute, the ayes were 31, nays 1, and the substitute, was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.
On the adoption of the resolution, the ayes were 29, nays 1.
The resolution, having received the requisite constitutional majority, was adopted by substitute.
The following bills of the House were taken up for the purpose of considering House action thereto:

MONDAY, FEBRUARY 16, 1970

HOT

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

Senator Rowan of the 8th moved that the Senate adhere to its amendment to HB 1168, and that a Conference Committee be appointed.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the Senate amendment to HB 1168 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Eldridge of the 7th, Fincher of the 54th and Rowan of the 8th.

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State and subject to certain requirements; and for other purposes.

Senator McGill of the 24th moved that the Senate insist on its amendment to HB 1102.

On the motion, the ayes were 33, nays 1; the motion prevailed, and the Senate amendment to HB 1102 was insisted upon.
The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:
HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The Committee on Appropriations offered the following substitute:

A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

ARTICLE I.

This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1969-70.

Section 1. An Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), is hereby amended by striking from Section 5, relating to Superior Courts, the figure "$1,756,967.00" and inserting in lieu thereof the figure "$2,257,000.00".

Section 2. Said Act is further amended by adding a new section to be known as Section 7A, to read as follows:

"7A. Air Transportation, Department of. 1969-70 __ -__-_-_--_______._....._$

253,919.00

Changed object: Capital Outlay .___._._......__._...__._$

80,000.00"

Section 2A. Said Act is further amended by striking from Section 8, relating to the Georgia Art Commission, the figure "$57,060.00" and inserting in lieu thereof the figure "$83,060.00".

Section 3. Said Act is further amended by striking from paragraph (b) of Section 16, relating to grants to Area Planning and Development Commissions under the Planning and Programming Bureau, the figure "$823,200.00" and inserting in lieu thereof the figure "$852,200.00".

Section 4. Said Act is further amended by striking from paragraph A. of Section 18, relating to the

MONDAY, FEBRUARY 16, 1970
general operating costs of the Department of Industry and Trade, the figure "$2,591,014.00" and inserting in lieu thereof the figure "$2,919,095.00".

Changed object: Advertising

..$ 1,242,000.00.

Section 5. Said Act is further amended by striking from Section 26, relating to the Supervisor of Purchases, the figure "$467,653.00", and inserting in lieu thereof the figure "$497,653.00".

Section 6. Said Act is further amended by striking from paragraph A. of Section 35, relating to the operation of all activities of the Department of Agriculture, including the operation of Farmers Markets, the figure "$7,553,575.00" and inserting in lieu thereof the figure "$7,653,575.00", and by striking the figure "$2,951,866.00" and inserting in lieu thereof the figure "$2,854,266.00", and by adding before the proviso the following:

"Indemnities __ ...._._._._._.______ _.._. ._. ._._ $ 228,600.00".

Section 7. Said Act is further amended by striking from Section 38C., relating to the Game and Fish Commission, the figure "$3,474,013.00" and inserting in lieu thereof the figure "$3,481,116.00".

Section 8. Said Act is further amended by striking from Section 36J(a), relating to the general operation and development of State Parks, the figure "$1,766,584.00" and inserting in lieu thereof the figure "$1,825,692.00", and by striking the figure "$206,220.00" and inserting in lieu thereof the figure "$476,220.00", and by adding at the end thereof:

"Provided, that from the appropriation for capital outlay $135,000.00 shall be used for Providence Canyon State Park."

Section 9. Said Act is further amended by striking from Section 36K., relating to the Soil and Water Conservation Committee, the figure "$409,548.00" and inserting in lieu thereof the figure "$427,800.00".

Section 10. Said Act is further amended by striking from Section 37B., relating to capital outlay authority lease rentals under the State Board of Corrections, the figure "$790,000.00" and inserting

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in lieu thereof the figure "$840,000.00", and by striking the following:

"Authority Lease Rentals ___________.________________$

and inserting in lieu thereof the following: "Authority Lease Rentals ______ _____ ______ $

and by adding at the end thereof the following:

790,000.00" 840,000.00"

"Provided that from the above amount the sum of $50,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Penal) to permit the issuance of bonds to construct prison branches in Montgomery and Walker Counties."

Section 11. Said Act is further amended by striking from Section 40A, relating to Education, the following:
"Teachers Salaries ______________. ______________$ 210,144,694.00"
and inserting in lieu thereof the following:
"Teachers Salaries -_-_._...-.._.._............._.......$ 209,644,694.00".
For the purposes of this Section 11, the 196971 Budget Report presented to the General Assembly at the regular 1969 session shall be used, except that for the purpose of the object class "Vocation Education-Area Vocational-Technical Schools", the amended Budget Report presented to the General Assembly at the regular 1970 session shall be used.

Section 12. Said Act is further amended by striking from Section 40B., relating to Authority Lease Rentals under Education, the figure "$26,301,000.00"
inserting in lieu thereof the figure "$26,855,159.00".

"Changed objects:
Direct payments to School Systems for capital outlay purposes ____^_ ____________$

2,191,613.00

Authority lease rental payments to the Georgia Education Authority (Schools) on behalf of school systems ..._____________________$ 24,269,044.00",

MONDAY, FEBRUARY 16, 1970

1111

and by adding at the end thereof the following:

"Provided that from the above appropriation the amount of $1,000,000.00 is designated and com mitted for additional lease rentals to said Author ity to permit the issuance of bonds to finance new projects."

Section 13. Said Act is further amended by strik ing from paragraph C. of Section 47, relating to Bene fits--AFDC Program under the Department of Family
and Children Services, the figure "$11,716,743.00" and inserting in lieu thereof the figure "$13,616,743.00", and by adding at the end thereof the following:

"Changed objects: Benefits .____-__________,,_........____,,,,__.._....$ 152,663,500.00 Grants to Counties __.._...._.._._...__....,,...$ 22,244,000.00."'

Section 14. Said Act is further amended by strik ing from paragraph E. of Section 47, relating to Grants to Counties for administration and services, under the Department of Family and Children Serv ices, the figure "$9,390,900.00" and inserting in lieu thereof the figure "$7,790,900.00", and by adding at the end thereof the following:

"Changed object: Grants to Counties

,,$ 22,244,000.00".

Section 14A. Said Act is further amended by striking from paragraph G. of Section 47, relating to other institutions under the Department of Family and Children Services, the figure "$95,000.00" and in serting in lieu thereof the figure "$345,000.00", and by adding at the end thereof the following:

"Reserve Fund ..,,_----_--___.__.....__._.....__$ 250,000.00",

For the purposes of this Section 14A, the 196971 Budget Report presented to the General Assembly at the regular 1969 session shall be used.

Section 15. Said Act is further amended by striking from paragraph J. of Section 48, relating to the Medical Assistance Program, under the Depart ment of Public Health, the figure "$20,352,337.00" and inserting in lieu thereof the figure "$20,592,337.00".

Section 16. Said Act is further amended by strik ing Section 50, relating to the Highway Department,

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in its entirety and inserting in lieu thereof a new Section 50 to read as follows.

"Section 50. Highway Department.

A. Appropriation of all funds in this Sec tion 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 received by the State Treasurer in the im mediately preceding year, less the amount of re funds, 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 deter mine the net collection of motor fuel tax received by the State Treasurer in the immediately preced ing fiscal year and enter the full amount so deter mined on the records of the State as being the ap propriation payable in lieu of the amount appro priated herein.

For general administrative cost of operating the Highway Department, including equipment and compensation claims.

For lease rental obligations of the Highway Department to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department, Provided that in the event that lease rental obli gations shall be less than the amount provided in the amended Budget Report, such excess amount may be used and is herein specifically appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of construction, reconstruction, improvement in high ways, 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 briges, and the costs incident thereto (provided all expenditures for county con tracts 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

MONDAY, FEBRUARY 16, 1970

1113

funds for other works, and the State Highway Department may add, delete, and substitute Fed eral 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 Budget Bureau is hereby authorized and directed to give advanced budgetary autho rization 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 Department.
1969-70 ---- ----------__._$ 132,374,501.39.

B. Grants to counties. For grants to counties for aid in county road construction and main tenance.
1969-70 .__-.__.............___..._._.___._..__?

4,817,013.03.

C. For grants to counties for aid in county road construction and maintenance.
1969-70 ...._._...._._._..___-_------_______.....$

4,500,000.00.

Provided that the appropriations in B. above shall be distributed and disbursed by the State Treasurer as provided by law.

The sum appropriated under C. shall be dis tributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the propor tion 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.

Provided, further, that a member of the gov erning authority of the county, designated by such authority, shall execute an affidavit annually that funds received under this Section have been ex pended in accordance with the law and the Consti tution, 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.

1114

JOURNAL OF THE SENATE,

D. Capital Outlay--Airport Development-- State Share of Airport Development.
1969-70 ____________________-__$

91,360.00

E. Capital Outlay--Blue Ridge Parkway Land Acquisition _.._._______.___________$ 1,500,000.00".

Section 17. Said Act is further amended by striking from Section 52, relating to the Governor's Emergency Fund, the figure "$2,000,000.00" and in serting in lieu thereof the figure "$2,210,000.00".

Section 18. Said Act is further amended by strik ing from Section 57, relating to the Total Appropria tion for 1969-70, the figure "$933,173,883.59 and i9n8s"e. rting in lieu thereof the figure "$941,887,554.-

Section 19. The appropriations provided for the budget units in Article I shall be expended by ob ject classifications as contained in the Governor's recommendations in the amended Budget Report relative to the fiscal year 1969-70.
Section 20. The training and development pro grams of the Department of Corrections which are funded 100% with Federal funds for a portion of fiscal year 1970 may be funded for the remainder of fiscal year 1970 with State or other agency funds.
The Comptroller General, the Forestry Commis sion, and the Department of Public Safety are hereby authorized to utilize any surplus funds accruing to permit early recruitment in fiscal year 1970 of new positions recommended for fiscal year 1971.

ARTICLE II.
This Article relates only to changes in the ap propriations and provisions relative to the fiscal year 1970-71.
Section 21. Said Act is further amended by strik ing the appropriations and other provisions relative to the fiscal year 1970-71, and inserting in lieu there of the following new provisions which shall be the appropriations and provisions for said year and which shall be applicable only to the fiscal year 1970-71. It is not the intention of this Article II and this Section 21 in any way to change the provisions of the aforesaid 1969 Act relative to the fiscal year 1969-70.

MONDAY, FEBRUARY 16, 1970

1115

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 member ship in the Council of State Governments, National Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, supplies, repairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovating and repairing the housing and other facil ities for the Legislative Branch; for cost of compiling, publishing 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 pub lishing constitutional amendments; for all costs of Georgia Official and Statistical Register as provided by resolution; and for cost of Legislative Services Committee and the Office of Legislative Counsel as authorized by law.
1970-71 ---__.__-______._.- ^ . --$
Provided, the Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure 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 programs which are paid for from funds appropriated to the Legisla tive Branch of Government with a view towards deter mining which are legitimate legislative expenses and which should be paid for from other appropriations.

4,825,000.00

Section 2. Audits, Department of.
A. Operations 1970-71 ............__.._.,,............____._.__,,...
B. Tax Ratio Study 1970-71 ____..,,__

894,350.00 350,000.00

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JOURNAL OF THE SENATE,

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. For the cost of oper ating1 the Supreme Court of the State of Georgia, in cluding salaries of Justices and the employees of the Court, their retirement contributions and two Emer itus positions. Provided, however, that the listed ap propriation 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 $7,500.00 shall be allocated for the payment of attorneys' fees and legal expenses for indigent defendants in criminal cases on appeal as provided in Georgia Laws 1953 Nov.-Dec. Sess., pp. 478-479.
1970-71 _______..--_---_____.________----$

Changed object:

Personal Services

-$

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. Provided, however, that the listed appropria tion shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position estab lished during the fiscal year.
1970-71 _____.._............._...__.._._...._._...._.._..S

Changed object: Personal Services

558,725.00 643,569.00
728,990.00 686,990.00

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 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 $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year.
1970-71 _...-_....._..._....._..____--_-,,._,,.__. ..$
Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per an-

2,271,800.00

MONDAY, FEBRUARY 16, 1970
num for each Judgeship created by law during the 1970 session of the General Assembly.
B. For payment of salaries, contingent expense allowances, and other expenses as may be authorized by law for the District Attorneys and District At torneys Emeritus. Provided, however, that the listed appropriations shall be increased by the amount of $6,000.00 per annum for each additional District At torney Emeritus position established during the fiscal year.
1970-71 -....-._....-.-._..______._____-_.-._...______-._..____.-__$
Section 6. For the cost of printing and distribut ing the reports of the Supreme Court and Court of Appeals.
1970-71 ._,,__.__.__.__.__________._._____$
PART III.
EXECUTIVE BRANCH GENERAL GOVERNMENT
Section 7. Commission on Aging. 1970-71 __.-_...______........._.._.._...._..._......._-.-.._.___._-_$
Changed objects: Personal Services _...-._...._._._.__,,.____$ Operating Expenses ._...__.____...__-.___...._.$
Section 7A. Air Transportation, Department of. 1970-71 ..........._.._.._......._._......_..._..________..$
Changed objects: Personal Services ____________........_____.._.._.$ Operating Expenses .-._..--_-,,..._.___....__.$
Section 8. Art Commission, Georgia. 1970-71 _.._..._.....__....__....._......._._.___._...__.....$
Section 9. Banking, Department of. 1970-71 ........_..._......._...........__.._._._______...$
Changed objects: Personal Services ___________________________________..__.$ Operating Expenses ....-..._,,.._....___._._..__..$

1117
976,800.00
35,000.00
75,556.00 114,430.00 36,126.00 134,896.00 161,175.00 150,221.00
88,060.00 836,100.00 660,900.00 175,200.00

1118

JOURNAL OP THE SENATE,

Section 10. Capitol Square Improvement Com mittee.

A Operating Costs.

1970-71

_________...--_--___--______f

150,000.00

B. Capital Outlay--Authority Lease Rentals, An nual Lease payments to Georgia Building Authority under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facilities.
1970-71 __..........._..._.__________________________--$

3,112,752.87

Section 11. Comptroller General. For the cost of operating the office of the Comptroller General, In surance Commissioner, Fire Inspection Division, Build ing Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquified Petroleum Safe ty Act.
1970-71 ______.___________.___.______.___.-----$

1,770,400.00

Changed object: Personal Services _____._.____-_____________--_$

1,319,875.00

Section 11A. State Computer Service Center. 1970-71 ___________________________________________________________.$

400,000.00

Section 12. Coordinator of Highway Safety. 1970-71 __________________________________,,______._____-__$

98,400.00

Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military organizations and the cost of operating the Civil Def ense Division, and the Office of Emergency Planning.
1970-71 ________________________________________________$
Changed object:
Capital Outlay ___________________________________$

1,161,878.00 --0--

Section 14. Executive Department.

A. For the costs of operating the Executive De partment, including the costs and maintenance ex penses for the Executive automobiles, transportation costs and communication expenses at the Mansion; and for the contingent expenses of the Department, such as rewards, dues to the Governors' Conferences, the Southern Interstate Nuclear Compact, and the

MONDAY, FEBRUARY 16, 1970

1119

Advisory Commission on Intergovernmental Relations, and other special committee expenses.
1970-71 ____._-..____.__._.______....-_-...-..,,_-_..._.,,,,._.......$
B. For the Governor's Mansion allowance. 1970-71 _.__,,__._._,,______.$
Section 15. Budget Bureau. 1970-71 ._.__.____.......,,.___......____.__._.__.........___...,,___..___...$

637,600.00 25,000.00 341,500.00

Section 16. Planning and Programming Bureau.

A. General Operating Costs.

1970-71

...................^

674,908.00

B. Grants to Area Planning and Development Commissions.
1970-71 ....-...--........-.--...-.-..-.-.----.....-----.-...I

892,816.00

Changed object:
State Grants to Area Planning and Develop ment Commissions _._.____.-...-......-_.___.-._.___....._.__$

892,816.00

Section 17. Georgia Historical Commission. 1970-71 ...... ^ .............__..__.....__$

524,500.00

Section 18. Industry and Trade, Department of.

A. General Operating Costs. 1970-71 ..........................^..^ 3,164,300.00

B. Metropolitan Atlanta Rapid Transit--To be expended under contract with the Metropolitan At lanta Rapid Transit Authority.
1970-71 .___,,._-_--___.--,,_______....___...$

45,700.00

C. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Ports Authority.

1970-71

_,,.___,,__-____________--_-___.__$

2,000,000.00

Section 19. Labor, Department of.

A. For the cost of operating the Commissioner's Office and Factory Inspection Division.
1970-71 .___..........._____._.._-.__....._..-___.....,,_.__.......$

394,658.00

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JOURNAL OF THE SENATE,

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1970-71 ,,_._____.._____---.-$

115,000.00

C. Work Incentive Program. 1970-71 ..-.....---.--.....-.-.....-..--..--..-..-....--------I

362,739.00

Section 20. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, De puty 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 respec tive agency for the purpose for which provision is made in this item, unless the payment is for reim bursement 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 per form specific items of legal work in connection with the acquisition of rights-of-way on the State road sys tem, 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 ap pointed by the Governor.
1970-71 ___-._,,_.----__.___._-$

1,006,200.00

Section 21. Library, State. 1970-71 __._..,,

135,800.00

Section 22. Literature Commission, State. 1970-71 _____._-........____......-....-.__-___,,_-.__.-_.....____$
Section 23. Pharmacy Board. For cost of opera ting the office of Chief Drug Inspector.
1970-71 .__,,._____-__.-.---____-_--_------____-__--___--_$
Changed objects: Personal Services --------------_------_,,_-_--_$ Operating Expenses __.____--_,,____-_.--____,,$

20,000.00
206,175.00 157,449.00 48,726.00

MONDAY, FEBRUARY 16, 1970
Section 24. Public Safety, Department of. 1970-71 _,,_.__________.________--_._--__._
Changed objects: Personal Services -----_---_,,-_--_._,,.__.,,__Operating Expenses .___--,,----___..---_--__

1121
_$ 15,758,575.00
..$ 11,972,286.00 ..$ 4,643,451.00

Provided, however, that the Director of the De partment of Public Safety is hereby authorized to pay dues for Georgia's portion of the cost of member ship in the Vehicle Equipment Safety Compact, the American Association of Motor Vehicle Administra tors, and the International Association of Chiefs of Police (State and Provincial Police).

Provided further that the Dept. of Public Safety is authorized to employ 50 additional troopers and 10 additional G.B.I. Agents and the necessary supporting personnel from the funds herein appropriated.

The members of the Uniform Division of the De part of Public Safety, members of the Georgia Bureau of Investigation, radio operators and license examiners shall each receive a salary increase of four hundred ($400.00) dollars per annum. The salary increases provided herein shall not be subject to longevity in creases.

Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.
1970-71 -_________.,,_-___.--_--_._-_---__-_____.,,____$

769,320.00

Section 26. Purchases, Supervisor of. 1970-71 _________________________-__._

_$ 1,218,700.00

Changed object: Workmen's Compensation Reserve Fund -_-_,,,,______

250,000.00

Section 27. Recreation Commission. 1970-71 ________________..____-______.._,,_$

118,800.00

Section 28. Revenue, Department of.

A. For cost of operating the Department of Revenue.
1970-71 ____._____..._____,,_______________$

14,530,328.00

1122

JOURNAL OF THE SENATE,

B. Motor Vehicle Tag Purchases.

1970-71 ______________.___---

..$

C. Loans to counties--Tax Reevaluation.

1970-71 _________,,___________________.

..$

Changed object:

Loans to counties--Tax

reevaluation ________________

,,_$

In addition, there is hereby appropriated for the fiscal year 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 $290,000.00. Such amount shall be available for further tax evaluation loans to counties.

Section 29. Science and Technology Commission. 1970-71 _____________,,_,,__,,.__,,___________.__________________,,___________,,____$

Section 30. Secretary of State.

1,409,100.00 110,000.00 110,000.00
101,400.00

A. Archives and Records. For the cost of opera tions of archives and history, including opening said building and facilities to the general public on Saturday of each week except legal holidays, micro filming and housing records, and the State Museum, including lease rental payments to the Georgia Build ing Authority for the State Archives Building in the amount of $815,000.00 per annum.
1970-71 ______________________________________________________________$

1,576,700.00

Changed object:
Personal Services
B. Buildings and Grounds. For the cost of oper ating the State Capitol Building and grounds, the maintenance of Confederate cemeteries and for in surance on public property not otherwise provided for.
1970-71 _________________________________.___,,____,,__$
C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other pro grams administered through such office.
1970-71 _,,._.___.____--_-_-___,,_______________-___$
Changed object:
Personal Services --__----__----_______________--________$

628,200.00
523,700.00 990,734.00 650,934.00

MONDAY, FEBRUARY 16, 1970

1123

D. Examining Boards. 1970-71 -_.__--__.---__---_---__--__..__$

1,248,200.00

E. Executive Center. For operation of Executive Center.
1970-71 ... ---_--___________.......--__$

69,300.00

F. Special Repairs, Capitol Building and Legis lative Chambers, Rooms, Offices and Facilities.
1970-71 ._.,,_____.,,,,______.___.-..---,,__,,_$

100,000.00

Section 31. State Properties Control Commission. For the cost of operating State Properties Control Commission.
1970-71 ___,,-______,,-,,__.___._.______.$

50,000.00

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.
1970-71 .-._..,,..__._....___.._____-.._-__...-__._..-___.._-._....$

165,500.00

Section 33. Veterans Service.

A. For the cost of operating the Department of Veterans Service.
1970-71 ______-_________-___._____.______.__.-.__,,______.______.__$

1,309,700.00

B. For the cost of operating the Veterans Serv ice Board, War Veterans Home, and Veterans Nurs ing Home.
1970-71 --___-.,,__-.__-_.-.__-_____,,.____.$

2,072,500.00

C. For the cost of pensions to Confederate Widows.
1970-71 _..-.-,,_-..-..._-...._,,_--__-..._......._.-_,,-...___$

47,780.00

Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Workmen's Compensation.
1970-71 ____________ _____ ____________________$

763,357.00

AGRICULTURE AND CONSERVATION Section 35. Agriculture, Department of. A. For the operation of all activities of the

1124

JOURNAL OF THE SENATE,

Department including the operating of Farmer's Mar kets.
1970-71 ____.______._________._ ..$

9,137,288.10

Changed objects: Personal Services ,,. Operating Expenses Capital Outlay _.--.. Indemnities ,,_--_----_

6,468,273.80 3,051,045.30
236,000.00 236,600.00

Provided that from the above amount $100,000.00 shall be used for capital outlay, Farmer's Market at Jesup, Georgia. From the above amount the sum of $59,248.10 shall be used for the establishment and maintenance of a grain and feed inspection and grading station at Valdosta. From the above amount the sum of $32,304.00 shall be used for inspection pro grams. From the above amount the sum of $18,936.00 shall be used for the mastitis quality milk program. From the above amount the sum of $8,000.00 is allo cated to entomology to comply with the provision of H. B. No. 1169.

B. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Building Authority (Markets).
1970-71 _-.----..--_--_________-______.$

900,000.00

Changed object: Authority Lease Rentals

900,000.00

"Provided, that from the above appropriated amount $150,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Markets) to permit the issuance of bonds to finance new projects."

C. Fire Ant Eradication. 1970-71 ____,,____-...

_$ 1,500,000.00

D. Provided, that the Department of Agriculture shall set as a rental for any facility or part thereof constructed with capital outlay or bond proceed funds, a rental rate which, on lease of one (1) year or longer, will amortize the cost or pro rata cost of construction over a period of 30 years or the reasonable life of the facility if the same should be less than 30 years.

MONDAY, FEBRUARY 16, 1970
Section 36. Conservation.
A. Conservation, Commissioner of. 1970-71 .____________________...______._-.___$
Changed object: State Assistance Fund Grants .____________...$
B. Forest Research Council 1970-71 ________________________________._.___._$
Changed object: Capital Outlay ,,-____-_______--_____-_____._$

1125
22,155.00 --0--
588,274.00 152,900.00

C. Forestry Commission. 1970-71 .___________________.___.__________$ 6,774,916.00

D. Game and Fish Commission 1970-71 ___________________,,__._______________________$ 4,120,500.00

E. Georgia Commission for the Development of Chattahoochee River Basin.
1970-71 ________________.._____,,________________..$

6,920.00

F. Jekyll Island Committee. 1970-71 _________________________________.__________._$

400,000.00

Changed object: Operating Expenses ...____._________$

400,000.00

G. Lake Lanier Islands Development Commis sion.
1970-71 __________________________________....______.$

261,000.00

H. Mineral Leasing Commission 1970-71 ----_-______.--________._.________.__$

5,000.00

I. Department of Mines, Mining and Geology, including Oil and Gas Commission, and dues to the Interstate Oil Compact.
(a) Regular Operations
1970-71 ___.__,_________________________.___________$

686,700.00

1126

JOURNAL OF THE SENATE,

(b) Surface Mined Land Use Board. 1970-71 __________________________-__-_______.__,,__ _$ 124,656.00

J. North Georgia Mountains Commission. 1970-71 _______________________________________________

206,000.00

K. Department of Parks.

(a) For general operation and development of State Parks.
1970-71 __._-._____________-___-_-_-__.___.-___-.-_-___.____$

2,199,855.00

Changed object: Operating Expenses

..$ 1,069,240.00

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 $34,700.00 in 1970-71.

Provided, that no land shall be purchased for State park purposes without the approval of the State Properties Acquisition Commission.

(b) Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Jekyll Island-State Parks Authority.
1970-71 __..____.__..__._________-______-_-___-__-_-______________________$

1,146,000.00

(c) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Stone Mountain Memorial Association.
1970-71 _______________________________________________________$

1,000,000.00

(d) Reclamation of Natural Resources--Grants. 1970-71 ______..___..______-..-._.....__.--__._-___.______..___._______-__.__:

419,000.00

Changed object: Operating Expenses--Grants

419,000.00

Provided that the above amount shall be used only for reclamation of beaches at Tybee Island, Geor gia, pursuant to Act No. 731 passed at the regular 1970 session of the General Assembly, in connection with the United States Corps of Engineers.

MONDAY, FEBRUARY 16, 1970

1127

L. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Con servation Committee.
1970-71 __________________________________--$

466,908.00

M. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor.
1970-71 _______________.,,______________.________,______________.$

75,000.00

Changed object: Operating Expenses _______________-______$

75,000.00

N. Groveland Lake Development Committee. 1970-71 _________________________________________$

122,200.00

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.
1970-71 ________________________________________$

15,519,030.00

Provided that no funds appropriated in this Sec tion or otherwise available shall be used to pay a salary in excess of the Director's salary, except sal aries for physicians.

Provided, further, that from capital outlay funds included in the above appropriation $75,000.00 shall be used for the construction of dwelling for security personnel at the Georgia State Prison at Reidsville.

B. Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Georgia Building Author ity (Penal).
1970-71 _____________.____.____.__.______________________$

1,067,000.00

Changed object: Authority Lease Rental

-$ 1,067,000.00

Provided that the sum of $91,000.00 from author ity-lease rentals shall be applied to the construction of work release centers at not less than eight (8) localities and the sum of $136,000.00 shall be applied to the enlargement and reconstruction of the Women's

1128

JOURNAL OP THE SENATE,

Prison at Milledgeville if the Board of Corrections ob tains title to the present facility being used plus suf ficient area adjoining such facility for recreational purposes.

Section 38. Pardons and Paroles, State Board of. 1970-71 ____.__.---__--_--___,,__________.___$ 1,355,000.00

Section 39. Probation, State Board of. For the cost of operating the statewide probation system, administered by the State Board of Probation.
1970-71 _____________________.._--_--_---__.,,$

2,058,355.00

Changed objects: Personal Services .......,,._._.._.____....._..._.$ Operating Expenses ,,___,,_,,,,_,,_._.._....._._.$

1,717,042.00 347,313.00

EDUCATION

Section 40. State Board of Education--Depart ment of Education.

A. For matching vocational rehabilitation funds in cooperation with the Federal government; for op eration 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 textbooks for children attending public com mon schools; for the salaries of county school superin tendents; for the operating costs of the Department; for educational grants, including the grants to teach ers for scholarships, as provided by law; and for any other expense authorized by law, payable from the common school funds, including the cost of the Teachers' Retirement Employer contribution.

Provided that where teaching personnel are paid in whole or in part from funds other than Statelocal funds, the fund source from which such salary is paid shall pay the pro rata part of the cost of any employer contributions to the Teachers' Retirement System applicable to such salary.

1970-71 ^-.-

. ______-__-__-_..--..._....._..$ 400,701,710.90

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,

MONDAY, FEBRUARY 16, 1970

1129

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, except for funds necessary to match such Federal grants. Nothing in this section shall be interpreted in such a way as to reduce eli gibility of the State for Federal funds or to authorize reduction of the State appropriation for programs 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, instruc tional supervisors, visiting teachers, librarians, guid ance counselors, and other certificated professional personnel.

Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation services to eligible persons who have renal diseases.

Changed objects:

Teachers' Salaries _______________________________..$ 229,975,501.00

Other Certificated Professional Personnel Salaries __________.___________.$ 38,326,286.00

Maintenance, Operation and Sick Leave ___________________________________.__$ 42,327,019.00

Isolated Schools ___________._._._____________$

45,582.00

Grants for Pilot Programs for Autistic Children ______________________.____$

500,000.00

Superintendents' Salaries _________-__$ 2,368,062.00

Public Librarians' Salaries and Travel ____________________________$ 1,706,725.00

Teachers' Retirement Employer Contribution -_____._______.._____.______$ 20,337,404.49

Vocational Education High School Program __________,,_________$ 4,519,648.00

Area Vocational Technical School Program _____________________$ 13,638,610.00

Educational Services Across County Lines _____________________________$ 1,061,250.00

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B. Capital Outlay--Authority Lease Rentals. 1970-71 ___________._..___-----__----_____$ 24,471,999.00

For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to Georgia Education Au thority (Schools) in accordance with Lease Rental Contracts.
Provided that from the above appropriation, the amount of $3,300,000.00 is designated and committed for additional Lease Rentals to said Authority to permit the issuance of bonds to finance new projects.

Changed objects:
Grants to School Systems for Capital Outlay Purposes --________________--_--__$
Direct Payments to School Systems for Capital Outlay Purposes ..._...___....._.$
Authority Lease Rental Payments to the Georgia Education Authority (Schools) on behalf of School Systems _______.___......__.$

--0-- 2,191,613.00 21,885,884.00

Section 41. Educational Improvement Council. 1970-71 ____________________________________----$

125,030.00

Section 42. Higher Education Assistance Com mittee.
1970-71 -----,,----_--------,,------$
Changed object: Operating Expenses: For contract with Georgia Higher Education Assistance Corporation ....--_._..--.$

1,035,040.00 835,040.00

Provided, that in order to obtain a loan as speci fied in the Governor's recommendations in the Bud get Report, it shall not be necessary that an appli cant have been rejected by at least two lending institu tions, and it shall not be necessary that the Higher Education Assistance Corporation seek to locate a wil ling lender.

Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, in cluding the payment of medical scholarships as au thorized by provision of the Georgia State Constitu tion.
1970-71 .__.__________________________----_S

222,000.00

MONDAY, FEBRUARY 16, 1970

1131

Changed objects: Operating Expenses Scholarships _________

17,750.00 204,250.00

Section 44. Ocean Science Center of the At lantic.
1970-71 ..______....._._-___...._---__---__.__...........$

622,880.00

Changed objects:
Capital Outlay .._...._..,,.....--_...._._......_.._$
Skidaway Institute of Oceanography .._-.___.

235,500.00 -0--

Section 45. Public School Employees' Retirement System.

1970-71

_______,,_.-_-_-_--_-_--,,_- ..$

2,501,217.00

Section 46. State Board of Regents.

A. The general cost of operation of the Board; for aid to the University System; for annual pay ment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law, $200,000.00; for the support of research and the cost of use and/or acquiring additions to plant and equip ment for the University System; for the cost of Teachers' Retirement employer contributions. Provided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any employer con tribution to the Teachers' Retirement System appli cable to such salary.
1970-71 __________________________,,____.____$ 159,130,600.00

Changed objects: Personal Services ..._,,--_ Capital Outlay ---.__,,___. Operating Expenses ...--_. Authority Lease Rentals

165,406,000.00 13,340,000.00 44,747,178.00 19,078,641.00

Provided that from appropriated funds, the amount of $19,078,641.00 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriation for Lease Rentals, the amount of $3,-

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JOURNAL OF THE SENATE,

000,000.00 is designated and committed to pay rentals to the Georgia Education Authority (University) to permit the issuance of new bonds to finance new projects. Provided none of the funds herein provided as capital outlay authority lease rental shall be avail able 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 apportion ment of funds to the various units of the University System from all funds available in the amounts neces sary in the fiscal year to pay the annual lease con tract commitments for the acquisition of property as provided for in the provision of the State Constitu tion. The Board of Regents shall immediately report the same to the State Budget Authorities for ap proval, whose approval shall be evidenced in writing.

No funds realized by the State Board of Re gents of the University System or any school or col lege, from the General Fund of the State, from the Federal government, or from donations, gifts, earn ings, 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 written approval of the Budget Bureau, in accordance with the provisions of the Budget Act as amended. Provided that funds from donations, 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 further contracts may be entered into not to exceed $750,000.00 per annum.

Provided the sum of $100,000.00 is allocated for operations, planning, and site preparation of the Agrirama at the Coastal Plains Experiment Station.

Provided, however, that from the existing reserve for commitment to Georgia Education Authority (University), for failure of Federal funds, $1,000,000.00 shall be used by the Board of Regents for the general cost of operation.

B. Eugene Talmadge Memorial Hospital--State Board of Regents.
1970-71 ...........____......_.._.........._...._._ ._$
Section 47. State Scholarship Commission. 1970-71 ..._..__..__..._...._._....._........____. ._$ Changed object:
Scholarships ._.._..___________________ ._$

7,333,000.00 1,119,000.00 1,000,000.00

MONDAY, FEBRUARY 16, 1970

1133

Section 48. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1970-71 ._...._.___---_--_--_--_-_-.__________.._._$

347,000.00

Section 49. Public Welfare, Department of Family and Children Services.

A. For the cost of operations of the State Wel fare Programs.
1970-71 _..,,__,,.___._.___________________,,_,,________________________.$

3,990,800.00

B. Benefits--Adult Programs for matching Fed eral funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1970-71 _____.__._.._.._...._.._...._.._._...__$

17,137,461.00

Changed object: Benefits--Adult Programs

.__$ 90,798,020.00

C. Benefits--AFDC Program. For matching Fed eral funds to provide benefits to families with dependent children.
1970-71 -__________,,_____..__,,.__-__.___,,...._._....$

17,866,743.00

Changed object: Benefits--AFDC Programs

..__$ 88,682,417.00

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1970-71 .......__,,_.,,__,, _______________________...___$

1,658,406.00

Provided, however, that in the event a surplus is anticipated in any of the above Benefit appropria tions, 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 authority to make such transfer, subject to approval by the Fiscal Affairs Subcommit tees of the House and Senate.

E. Grants to Counties for administration and services. For the cost of participating with the Fed eral government and counties in the administration of local welfare programs.
1970-71 __________________________________________$

10,526,255.00

1134

JOURNAL OP THE SENATE,

Changed object: Grants to Counties

..$ 30,189,900.00

P. 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.
1970-71 ______----___.--..___,,____---,,_.$

9,458,900.00

Provided, however, the $600,000.00 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.

The Department of Family and Children Services shall construct the Youth Security Development Center in the area that will best serve the needs of the youth of Georgia as determined by the Department.

G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.
1970-71 __.___..-._............_._.-..__....._....__.___.___._.........$

158,000.00

Section 50. Department of Public Health.

A. Capital Outlay--Authority Lease Rentals--An nual Lease payments to Georgia Building Authority (Hospitals).
1970-71 ________.-.-._-.._.____-__.-_......____..._.......___$

5,884,000.00

Provided that, from the above appropriation amount, $1,774,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Hos pital) to permit the issuance of bonds and to finance new projects.

The Regional Hospital at Rome shall be designated as the 'Northwest Georgia Regional Hospital'. The Regional Hospital at Columbus shall be designated as the 'West Central Georgia Regional Hospital'.

B. Central State Hospital. For the cost of opera tion, including pre-admission and post-discharge services.
1970-71 ....._._...__.___...____._.__-___.$ 34,875,551.00

MONDAY, FEBRUARY 16, 1970

1135

Changed objects: Personal Services _._......_____. Capital Outlay _._.._..___._--_

......_..$ 27,721,130.00 _.._$ 1,800,000.00

C. Georgia Mental Health Institute. For the cost of operation, including pre-admission and post-dis charge services.
1970-71 -__...__..____.____________.___.-$

6,204,200.00

Changed objects: Personal Services __ Operating Expenses

5,059,712,00 1,532,934.00

Provided that of the above appropriation, $100,000.00 shall be used to initiate a pilot program for the treatment of drug addiction; and provided further that of the above appropriation $100,000.00 shall be used for research.
D. Georgia Regional Hospital at Atlanta. For the cost of operation, including pre-admission and postdischarge services.
1970-71 .__._..._._____._....._,,_-..___________________$

5,557,900.00

E. Georgia Regional Hospital at Augusta. For the cost of operation, including pre-admission and post-discharge services.
1970-71 _--,,--_---_---_-___________________....._$

4,041,300.00

F. Georgia Regional Hospital at Savannah. For the cost of operation, including pre-admission and post-discharge services.
1970-71 ....._._____.___________________$

3,160,000.00

G. Georgia Retardation Center. For the cost of operation, including pre-admission and post-discharge services.
1970-71 ___________________________________._______$

6,597,105.00

H. Gracewood State School and Hospital. For the cost of operation, including pre-admission and postdischarge services.
1970-71 .--_-.__.._...._..._____..____._.-.____________$

10,828,401.00

Changed object: Capital Outlay ______.____,,___.____________.____.____$ 1,635,455.00

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JOURNAL OP THE SENATE,

I. Medical Assistance Program. For the cost of operation.
1970-71 ________________________.._.._.___$ 24,314,345.00

Changed object: Benefits .....

..$ 81,714,867.00

J. Medical Facilities Construction. For aid to local government subdivisions in establishing, con structing and equipping health facilities to be admin istered and expended in the same manner as other pub lic health funds, and in accordance with the provi sions 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.
1970-71 _._........_____________________________......__........$

1,800,000.00

Changed object: Operating Expenses _.._.._.

_$ 10,538,761.00

K. Regular Operations. For the cost of operation.

1970-71 _-__.____..._-____________

.$ 19,598,678.00

Changed objects: Operating Expenses _____..___._____--__$ Grants ______-_-__________._._._$

6,505,485.00 10,429,113.00

Provided that of the above amount, at least $425,000.00 from operating expenses shall be used for Day Care Centers for the Mentally Retarded.

L. Southwestern State Hospital. For the cost of operation, including pre-admission and post-discharge services.
1970-71 __.__._,,_____________________.._________.____$

5,664,000.00

M. Tuberculosis Control Program. For the cost of operation, including in-patient hospital care, diagnos tic services and field investigation; for the training of staff and early development of services for the mentally ill to be provided by the Georgia Regional Hospital at Rome.
1970-71.._____________________________$

3,881,700.00

MONDAY, FEBRUARY 16, 1970
N. Water Quality Control Division. For the cost of operation.
1970-71---_----------------__.--_..--__.........$
Changed objects:
Personal Services --------------------_-------$
Operating Expenses _,,________-_------$
Provided that for the purpose of receiving Fed eral matching funds under Titles XVIII and XIX of the Social 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 ag gregate amounts remitted to the transferor institution in payment for services to eligible recipients; and shall have authority to use Title XVIII and Title XIX re imbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Rec ommendations for 1970-71 for operating expenses and additional personnel as necessary to meet require ments for payment or reimbursement, subject to prior approval by the State Budget Bureau.
HIGHWAYS
Section 51. Highway Department.
A. 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 received by the State Treasurer in the immediately preceding year, less the amount of refunds, rebate and collection costs autho rized 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 fiscal year and enter the full amount so determined on the records of the State as being the appropriation pay able in lieu of the amount appropriated herein.
For general administrative cost of operating the Highway Department, including equipment and com pensation claims.
For lease rental obligations of the Highway De partment to Georgia Highway Authority and the Geor gia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the High-

113T
535,544.00 574,238.00 181,706.00

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JOURNAL OF THE SENATE,

way Department. Provided that in the event that lease rental obligations shall be less than the amount pro vided in the amended Budget Report, such excess amount may be used and is herein specifically appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of con struction, reconstruction, improvements in highways, and highway planning, in cooperation with the Fed eral 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 con struction 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). Pro vided, however, that funds shall be allocated to match ing all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Depart ment may add, delete, and substitute Federal aid proj ects to secure the full benefit of the Federal aid pro gram. Provided, further, that in order to meet the re quirements of the Interstate System with regard to completion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced bud getary authorization for the letting and execution 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 Treas ury and constitutionally appropriated to the State Highway Department.
1970-71-------____...................__----___-___$ 140,682,987.00

From the above amount a $400.00 per annum across the board salary increase shall be paid to all full-time employees of the State Highway Department.

B. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1970-71.__----__-------------------._-_____.._$

4,817,013.03

C. For grants to counties for aid in county road construction and maintenance.
1970-71.__----_____--_______...____----__$

4,500,000.00

Provided that the appropriations in B. above shall be distributed and disbursed by the State Treasurer as provided by law.

MONDAY, FEBRUARY 16, 1970
The sum appropriated under C. shall be distrib uted 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 mile age in the State, as such mileage information is fur nished 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 re ceived under this Section have been expended in ac cordance with the law and the Constitution, and file the same with the Director of the Highway Depart ment. At the request of the Governor or the Budget Bureau or the Director of the State Highway Depart ment, 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.
D. Capital Outlay--Airport Development--State Share of Airport Development.
1970-71 .___._........_.--_________--.__--___,,._--_____-___________.$

1139140,000.00

Section 52. Grants to Counties and Munici palities.

A. Grants to Municipalities. For grants to mu nicipalities in accordance with the Act approved March 31, 1965 (Ga. L. 1965, p. 458), as amended.
1970-71 .___._.._..____-_.___...----_-..-__--____._-$

9,317,000.00'

Provided, further, that a member of the govern ing authority of the municipality, designated by such authority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year.

B. Grants to counties. 1970-71 ________________

2,850,000.00

For grants to counties in accordance with the Act approved April 21, 1967 (Ga. L. 1967, p. 888).

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JOURNAL OF THE SENATE,

C. Grants to municipalities. 1970-71 .________-_______.__.._.__-__$ 3,950,000.00

For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. L. 1967, p. 889).

PART IV.

MISCELLANEOUS

Section 53. Governor's Emergency Fund. There is hereby appropriated as a General Emergency Fund for meeting expenses deemed emergencies by the Gov ernor and to be expended by the Governor in his dis cretion in any emergency that he may determine re quires expenditure of any part of said fund. Expendi tures from this fund shall be made in accordance with other provisions of State law and the Constitution.
1970-71 ,,_______-,,._-________,,---_--_-----_$

2,000,000.00

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 shrinkage in the process of retail ing 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 re
tailing gasoline.

Section 55. In accordance with the requirements of Article VII, Section VI, Paragraph la of the Con stitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as provided for in this Appropriations Act between any depart ment, agency or institution of the State, and any
authority created and activated at the time of the effective date of the aforesaid constitutional provi sion, as amended, or appropriated for the fiscal year beginning July 1, 1970, 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 depart ment, agency or institution involved, an amount suffi-

MONDAY, FEBRUARY 16, 1970

1141

cient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.

The General Assembly declares that the sums hereby appropriated for lease rentals are to pay the general obligations 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 accord ing to the objects and for the programs and activities as specified in the Governor's recommendations con tained in the amended Budget Report submitted to the General Assembly at the regular 1970 session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make in ternal transfers within a budget unit between objects and programs subject to the conditions that no fund whatsoever shall be transferred for use in initiating or commencing any new program or activity not cur rently having an appropriation, nor which would re quire 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 Representatives 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 Appro priations Committees of the Senate and House of Rep resentatives of all instances revealed in his audit in which the object expenditures 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 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 Government, is autho rized 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 sub mitted and approved in the same manner and under the same conditions provided hereinbefore for trans fers.

Section 57. In the event it is determined by the Budget 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

1142

JOURNAL OF THE SENATE,

be less than the amount needed to pay in full the spe cific appropriations authorized, the Director of the Budget is authorized and is hereby directed to make a pro rata reduction of the amount of each appropria tion 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 directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby di rected to economize wherever possible and in the event any part of the appropriations provided in the fore going Section 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 1970-71 ______________________._.___________$1,081,716,820.90

Section 58. All laws and parts of laws in con flict with this Act are hereby repealed."

Section 22. Wherever in this Act the term "Changed Objects" is used, it shall mean that the object classifications 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 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of Section 1 of the substitute, the ayes were 40, nays 0, and Section 1 was adopted.

On the adoption of Section 2 of the substitute, the ayes were 42, nays 0, and Section 2 was adopted.

On the adoption of Section 2A of the substitute, the ayes were 43, nays 0, and Section 2A was adopted.

MONDAY, FEBRUARY 16, 1970

1143

On the adoption of Section 3 of the substitute, the ayes were 41, nays 0, and Section 3 was adopted.

On the adoption of Section 4 of the substitute, the ayes were 40, nays 0, and Section 4 was adopted.

On the adoption of Section 5 of the substitute, the ayes were 45, nays 0, and Section 5 was adopted.

On the adoption of Section 6 of the substitute, the ayes were 43, nays 0, and Section 6 was adopted.

On the adoption of Section 7 of the substitute, the ayes were 49, nays 0, and Section 7 was adopted.

Senator Smalley of the 28th offered the following amendment to Section 8 of the substitute:

Amend by striking the appropriation of $1,825,692.00 for the year 1970-71 and inserting in lieu thereof the figure $1,828,192.00.

By adding the following: Changed Objects. Capital Outlay _______________________$

1970-71 478,720.00*

Provided further, that of the above amount $2,500.00 shall be used for Capital Outlay at High Falls State Park.

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

On the adoption of Section 8 of the substitute, the ayes were 41, nays 0, and Section 8 was adopted as amended.

On the adoption of Section 9 of the substitute, the ayes were 43, nays 0, and Section 9 was adopted.

On the adoption of Section 10 of the substitute, the ayes were 41, nays 0, and Section 10 was adopted.

1144

JOURNAL OF THE SENATE,

On the adoption of Section 11 of the substitute, the ayes were 45, nays 0, and Section 11 was adopted.

On the adoption of Section 12 of the substitute, the ayes were 47, nays 0, and Section 12 was adopted.

On the adoption of Section 13 of the substitute, the ayes were 46, nays 0, and Section 13 was adopted.

On the adoption of Section 14 of the substitute, the ayes were 43, nays 0, and Section 14 was adopted.

On the adoption of Section 14A of the substitute, the ayes were 42, nays 0, and Section 14A was adopted.

On the adoption of Section 15 of the substitute, the ayes were 48, nays 0, and Section 15 was adopted.

On the adoption of Section 16 of the substitute, the ayes were 46, nays 0, and Section 16 was adopted.

On the adoption of Section 17 of the substitute, the ayes were 43, nays 0, and Section 17 was adopted.

Senator Holloway of the 12th offered the following amendment to Section 18 of the substitute:
Amend by striking the appropriation of $941,887,554.98 for the year 1969-70 and inserting in lieu thereof the figure $941,890,054.98.

On the adoption of the amendment the ayes were 31, nays 0, and the amend ment was adopted.

On the adoption of Section 18 of the substitute, the ayes were 47, nays 0, and Section 18 was adopted as amended.

On the adoption of Section 19 of the substitute, the ayes were 41, nays 0, and Section 19 was adopted.

MONDAY, FEBRUARY 16, 1970

1145

On the adoption of Section 20 of the substitute, the ayes were 43, nays 0, and Section 20 was adopted.

On the adoption of Article I, the ayes were 30, nays 0, and Article I of the substitute was adopted as amended.

On the adoption of Section 21 of the substitute, the ayes were 45, nays 0, and Section 21 of the substitute was adopted.

On the adoption of Section 1, Part I, of the substitute, the ayes were 43, nays 0, and Section 1, Part I of the substitute was adopted.

On the adoption of Section 2, Part I of the substitute, the ayes were 42, nays 0, and Section 2, Part I of the substitute was adopted.

On the adoption of Section 3, Part II of the substitute, the ayes were 47, nays 0, and Section 3, Part II of the substitute was adopted.

On the adoption of Section 4, Part II of the substitute, the ayes were 46, nays 0, and Section 4, Part II of the substitute was adopted.
On the adoption of Section 5, Part II of the substitute, the ayes were 43, nays 0, and Section 5, Part II of the substitute was adopted.
On the adoption of Section 6, Part II of the substitute, the ayes were 46, nays 0, and Section 6, Part II of the substitute was adopted.
On the adoption of Section 7, Part III of the substitute, the ayes were 49, nays 0, and Section 7, Part III of the substitute was adopted.
On the adoption of Section 7A, Part III of the substitute, the ayes were 45, nays 0, and Section 7A, Part III of the substitute was adopted.
On the adoption of Section 8, Part III of the substitute, the ayes were 41, nays 0, and Section 8, Part III of the substitute was adopted.
On the adoption of Section 9, Part III of the substitute, the ayes were 45, nays 0, and Section 9, Part III of the substitute was adopted.

1146

JOURNAL OF THE SENATE,

On the adoption of Section 10, Part III of the substitute, the ayes were 47, nays 0, and Section 10, Part III of the substitute was adopted.

On the adoption of Section 11, Part III of the substitute, the ayes were 48,, nays 0, and Section 11, Part III of the substitute was adopted.

On the adoption of Section 11A, Part III of the substitute, the ayes were 49,, ,nays 0, and Section 11A, Part III of the substitute was adopted.

On the adoption of Section 12, Part III of the substitute, the ayes were 41, nays 0, and Section 12, Part III of the substitute was adopted.

On the adoption of Section 13, Part III of the substitute, the ayes were 46,, nays 0, and Section 13, Part III of the substitute was adopted.

On the adoption of Section 14, Part III of the substitute, the ayes were 42, nays 0, and Section 14, Part III of the substitute was adopted.

On the adoption of Section 15, Part III of the substitute, the ayes were 43, nays 0, and Section 15, Part III of the substitute was adopted.

On the adoption of Section 16, Part III of the substitute, the ayes were 41, nays 0, and Section 16, Part III of the substitute was adopted.

On the adoption of Section 17, Part III of the substitute, the ayes were 45,, nays 0, and Section 17, Part III of the substitute was adopted.

On the adoption of Section 18, Part III of the substitute, the ayes were 41, nays 0, and Section 18, Part III of the substitute was adopted.

On the adoption of Section 19, Part III of the substitute, the ayes were 40, nays 0, and Section 19, Part III of the substitute was adopted.

On the adoption of Section 20, Part III of the substitute, the ayes were 43, nays 0, and Section 20, Part III of the substitute was adopted.

On the adoption of Section 21, Part III of the substitute, the ayes were 45, nays 0, and Section 21, Part III of the substitute was adopted.

MONDAY, FEBRUARY 16, 1970

1147

On the adoption of Section 22, Part III of the substitute, the ayes were 45, nays 0, and Section 22, Part III of the substitute was adopted.

Senator Fincher of the 51st offered the following amendment to Section 23, Part III of the substitute:
Amend by striking the appropriation of $206,175.00 for the year 1970-71 and inserting in lieu thereof the figure $229,000.00.
By adding the following: Changed Objects. 1970-71
Personal Services _...__._._.___.._.___....___.._.__$ 177,200.00 Operating Expenses ,,__......_.-_..____.......--.__...__..$ 51,800.00

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

On the adoption of Section 23, Part III of the substitute, the ayes were 41, nays 0, and Section 23, Part III of the substitute was adopted as amended.

On the adoption of Section 24, Part III of the substitute, the ayes were 46, nays 0, and Section 24, Part III of the substitute was adopted.

On the adoption of Section 25, Part III of the substitute, the ayes were 48, nays 0, and Section 25, Part III of the substitute was adopted.

On the adoption of Section 26, Part III of the substitute, the ayes were 49, nays 0, and Section 26, Part III of the substitute was adopted.

On the adoption of Section 27, Part III of the substitute, the ayes were 47, nays 0, and Section 27, Part III of the substitute was adopted.

On the adoption of Section 28, Part III of the substitute, the ayes were 45, nays 0, and Section 28, Part III of the substitute was adopted.

On the adoption of Section 29, Part III of the substitute, the ayes were 42, nays 0, and Section 29, Part III of the substitute was adopted.

1148

JOURNAL OF THE SENATE,

Senator Coggin of the 35th offered the following amendment to Section SOB, Part III of the substitute:

Amend by striking the appropriation of $523,700 for the year 1970-71 and inserting in lieu thereof the figure $607,444.

By adding the following: Changed Objects. 1970-71
Operating Expenses ____________________.__.$ 229,744

To illuminate the outside grounds of the Capitol.

On the adoption of the amendment, the ayes were 16, nays 21, and the amendment was lost.

On the adoption of Section 30, Part III of the substitute, the ayes were 40, nays 0, and Section 30, Part III of the substitute was adopted.

On the adoption of Section 31, Part III of the substitute, the ayes were 41, nays 0, and Section 31, Part III of the substitute was adopted.

On the adoption of Section 32, Part III of the substitute, the ayes were 43, nays 0, and Section 32, Part III of the substitute was adopted.

On the adoption of Section 33, Part III of the substitute, the ayes were 47, nays 0, and Section 33, Part III of the substitute was adopted.

On the adoption of Section 34, Part III of the substitute, the ayes were 46, nays 0, and Section 34, Part III of the substitute was adopted.

Senators Rowan of the 8th, Kidd of the 25th, Bateman of the 27th and Adams of the 26th offered the following amendment to Section 35C, Part III of the substitute:
Amend by striking the appropriation of $1,500,000.00 for the year 1970-71 and inserting in lieu thereof the figure $1,000,000.00.
By adding the following: Changed Objects. 1970-71
Fire Ant Eradication ______________._......__.__.$1,000,000.00

MONDAY, FEBRUARY 16, 1970

1149

On the adoption of the amendment, Senator Rowan of the 8th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Chapman Doss Eldridge Fincher of 54th Garrard

Hensley Holley Jackson Johnson
Kidd Miller Patton Reeder Riley Rowan

Scott Searcey Smalley Smith of 34th
Starr Stephens Tysinger Walling
Ward

Those voting in the negative were Senators:

Abney Brown of 47th Carter Coggin Cox Dean Fincher of 51st Gillis

Hill Holloway Hudgins Kennedy London McGill Noble Padgett

Pennington Reynolds Spinks Trippe Vann Young Zipperer

The roll call was verified.

On the adoption of the amendment, the ayes were 29, nays 23 and the amend ment was adopted.

Senators Rowan of the 8th and Spinks of the 9th offered the following amend ment to Section 35C, Part III of the substitute:
Amend by adding at the end the following:
"Provided, that included in the Fire Ant Program shall be a program of control, including the allocation of poison materials to land owners for their application."

On the adoption of the amendment, the ayes were 32, nays 1, and the amend ment was adopted.

1150

JOURNAL OF THE SENATE,

On the adoption of Section 35, Part III of the substitute, the ayes were 47, nays 0, and Section 35, Part III of the substitute was adopted as amended.

Senators Rowan of the 8th and Spinks of the 9th offered the following amendment to Section 36Ka, Part III of the substitute:

By striking the appropriation of $2,199,855.00 for the year 1970-71 and inserting in lieu thereof the figure $2,216,855.00.
By adding the following:
Changed Objects. 1970-71
Capital Outlay __.___._.._________________..._.._$ 368,200.00
and by adding at the end thereof:
"Provided that from the above amount for capital outlay the sum of $17,000.00 shall be used to construct a group shelter at Reid Bingham State Park."

On the adoption of the amendment, the ayes were 12, nays 24, and the amendment was lost.

Senator Noble of the 19th offered the following amendment to Section 36, Part III of the substitute.
Amend by adding a new Section 36-0 as follows:
New section to be entitled "Georgia Commission for the Develop ment of the Altamaha River Basin." For the year 1970-71 $30,000.00.
As provided in HB 1342.
Provided that the allocation of funds between object classes shall be established by the Budget Bureau with the approval of the Fiscal Affairs sub-committee.

On the adoption of the amendment, the ayes were 18, nays 15, and the amend ment was adopted.

MONDAY, FEBRUARY 16, 1970

1151

On the adoption of Section 36, Part III of the substitute, the ayes were 41, nays 0, and Section 36, Part III of the substitute was adopted as amended.

Senator Gillis of the 20th offered the following amendment to Section 37B, Part III of the substitute:
Amend Article II, Section 37B by striking lines 21-29 and inserting in lieu the following:
"Provided, that from the above appropriated amount, $227,000 is designated and committed to pay rentals to the Georgia Building Authority (Penal) to permit the issuance of bonds to finance new projects. Provided further that from said sum of $227,000, the sum of $91,000.00 shall be applied to the construction of work release centers at not less than eight (8) localities and the sum of $136,000. shall be applied to the enlargement and reconstruction of the Women's Prison at Milledgeville if the Board of Corrections obtains title to the present facility being used plus sufficient area adjoining such facility for recreational purposes."

On the adoption of the amendment, the ayes were 32, nays 0, and the amend ment was adopted.

Senator Chapman of the 32nd offered the following amendment to Section 37B, Part III of the substitute:
Amend by striking the appropriation of $1,067,000.00 for the year 1970-71 and inserting in lieu thereof the figure $976,000.00.
By adding the following:
Changed Objects. 1970-71
Authority Lease Rental ....___________________.$ 976,000.00
By striking from 37B the following "$91,000.00 from authority-lease rentals shall be applied to the construction of work release centers at not less than eight (8) localities and the sum of"
On the adoption of the amendment, 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:

1152

JOURNAL OF THE SENATE,

Voting in the affirmative were Senators:

Adams of 26th Andrews Bateman Carter Chapman Eldridge Fincher of 51st

Garrard Hardy Hensley Hill Hudgins London Searcey

Smalley Smith of 18th Smith of 34th Stephens Vann Young

Voting in the negative were Senators:

Abney Adams of 5th Broun of 46th Brown of 47th Coggin Cox Dean Doss Fincher of 54th Gillis Holley Holloway

Jackson Kennedy Kidd McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds

The roll call was verified.

Riley Rowan Scott Spinks Starr Trippe Tysinger Walling Ward Webb Zipperer

On the adoption of the amendment, the ayes were 20, nays 35, and the amend ment was lost.

On the adoption of Section 37, Part III of the substitute, the ayes were 43, nays 0, and Section 37, Part III of the substitute was adopted as amended.

On the adoption of Section 38, Part III of the substitute, the ayes were 41, nays 0, and Section 38, Part III of the substitute was adopted.

On the adoption of Section 39, Part III of the substitute, the ayes were 43, nays 0, and Section 39, Part III of the substitute was adopted.

On the adoption of Section 40, Part III of the substitute, the ayes were 44, nays 0, and Section 40, Part III of the substitute was adopted.

On the adoption of Section 41, Part III of the substitute, the ayes were 47, nays 0, and Section 41, Part III of the substitute was adopted.

MONDAY, FEBRUARY 16, 1970

1153

On the adoption of Section 42, Part III of the substitute, the ayes were 46, nays 0, and Section 42, Part III of the substitute was adopted.

On the adoption of Section 43, Part III of the substitute, the ayes were 48, nays 0, and Section 43, Part III of the substitute was adopted.

On the adoption of Section 44, Part III of the substitute, the ayes were 42, nays 0, and Section 44, Part III of the substitute was adopted.

On the adoption of Section 45, Part III of the substitute, the ayes were 45, nays 0, and Section 45, Part III of the substitute was adopted.

On the adoption of Section 46, Part III of the substitute, the ayes were 49, nays 0, and Section 46, Part III of the substitute was adopted.

On the adoption of Section 47, Part III of the substitute, the ayes were 44, nays 0, and Section 47, Part III of the substitute was adopted.

On the adoption of Section 48, Part III of the substitute, the ayes were 43, nays 0, and Section 48, Part III of the substitute was adopted.
Senator Smalley of the 28th offered the following amendment to Section 49D, Part III of the substitute:
Amend by striking from lines 27 and 28 the words "subcommittees of the House and Senate" and inserting in lieu thereof the word "sub committee."
On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.
On the adoption of Section 49, Part III of the substitute, the ayes were 43, nays 0, and Section 49, Part III of the substitute was adopted as amended.
Senators Rowan of the 8th, Kidd of the 25th, Bateman of the 27th and Adams of the 26th offered the following amendment to Section 50C, Part III of the substitute:
Amend by striking the appropriation of $6,204,200.00 for the year 1970-71 and inserting in lieu thereof the figure $6,304,200.00.

1154

JOURNAL OF THE SENATE,

By adding the following: Changed Objects.
Personal Services ______ Operating Expenses _._

1970-71 ..$ 5,129,712 ..$ 1,562,934

"Provided further, that of the above amount, at least $100,000 shall be used for the alcoholic unit at the Georgian Clinic."

On the adoption of the amendent, 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 5th Adams of 26th Andrews Bateman Broun of 46th Chapman Doss Eldridge Fincher of 54th Garrard

Hensley Holley Jackson Johnson Kidd Miller Patton Reeder Riley Rowan

Scott Searcey Smalley Smith of 34th
Starr Stephens Tysinger Walling
Ward

Those voting in the negative were Senators:

Abney Brown of 47th Carter
Coggin Cox Dean Fincher of 51st
Gillis

Hill Holloway Hudgins Kennedy London McGill Noble Padgett

Pennington Reynolds Spinks Trippe Vann Young Zipperer

The roll call was verified.

On the adoption of the amendment, the ayes were 29, nays 23, and the amend ment was adopted.

Senator Holley of the 22nd offered the following amendment to Section 50H, Part III of the substitute:
Amend by striking the appropriation of $10,828,401.00 for the year

MONDAY, FEBRUARY 16, 1970

1155

1970-71 and inserting in lieu thereof the figure $10,896,820.00.

By adding the following: Changed Objects. 1970-71
Personal Services ___-______._..._._______.-$8,059,887.00

and by adding at the end the following:

"Provided that from the above appropriation, the sum of $68,419.00 shall be used to employ additional nurses to provide ade quate services on evening and night shifts."

On the adoption of the amendment, the ayes were 39, nays 0, and the amend ment was adopted.

Senators Rowan of the 8th, Kidd of the 25th, Bateman of the 27th and Adams of the 26th offered the following amendment to Section 50K, Part III of the substitute:
Amend by striking the appropriation of $19,598,678.00 for the year 1970-71 and inserting in lieu thereof the figure $19,998,678.00.
By adding the following: Changed Objects.
1970-71 Operating Expenses ______.._.,,_._.__._____-__$6,905,485.00
"Provided further, that of the above amount, at least $400,000.00 from operating expenses shall be used to initiate an Adult Poster Home Program for improved mentally ill and mentally retarded patients in state institutions."

On the adoption of the amendment, Senator Rowan of the 8th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 5th Adams of 26th Andrews Bateman Broun of 46th

Chapman Doss Eldridge Fincher of 54th Garrard

Hensley Holley Jackson Johnson Kidd

1156
Miller Patton Reeder Riley Rowan

JOURNAL OP THE SENATE,

Scott Searcey Smalley Smith of 34th Starr

Stephens Tysinger Walling Ward

Those voting in the negative were Senators:

Abney Brown of 47th Carter Coggin Cox Dean Pincher of 51st Gillis

Hill Holloway Hudgins Kennedy London McGill Noble Padgett

Pennington Reynolds Spinks Trippe Vann Young Zipperer

The roll call was verified.

On the adoption of the amendment, the ayes were 29, nays 23, and the amend ment was adopted.

On the adoption of Section 50, Part III of the substitute, the ayes were 45, nays 0, and Section 50, Part III of the substitute was adopted as amended.

Senator Spinks of the 9th offered the following amendment to Section 51A, Part III of the substitute:
Amend by adding the following: Changed Objects. 1970-71
Operating Expenses __________________.__$24,695,745.00 Authority Lease Rental ._._-.__.-__.....-.._.__________$21,253,727.00

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

Senator Hensley of the 33rd offered the following amendment to Section 51A, Part III of the substitute:
Amend by adding at the end of Section 51 A. the following:
"From the above appropriation the Highway Department shall provide to the General Assembly prior to January 10, 1971, the fiveyear Capital Outlay Plan required by the Budget Act so that in con-

MONDAY, FEBRUARY 16, 1970

1157

sidering the appropriation in the next session the General Assembly may know the projected Highway needs, the projected resources to meet that need, and the plans of the Highway Department for the
development of the primary, secondary, and Interstate Highway System."

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

Senator Spinks of the 9th offered the following amendment to Section 51A, Part III of the substitute:
Amend by striking from the first sentence of sub-section A, the words "this Section" and inserting in lieu thereof the words "subsections A., B., and C. of this Section 51."

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

On the adoption of Section 51, Part III of the substitute, the ayes were 42, nays 0, and Section 51, Part III of the substitute was adopted as amended.

On the adoption of Section 52, Part III of the substitute, the ayes were 47, nays 0, and Section 52, Part III of the substitute was adopted.

On the adoption of Section 53, Part IV of the substitute, the ayes were 48, nays 0, and Section 53, Part IV of the substitute was adopted.

On the adoption of Section 54, Part IV of the substitute, the ayes were 46, nays 0, and Section 54, Part IV of the substitute was adopted.

On the adoption of Section 55, Part IV of the substitute, the ayes were 41, nays 0, and Section 55, Part IV of the substitute was adopted.

Senator Smalley of the 28th offered the following amendment to Section 56, Part IV of the substitute:
Amend by striking the phrase "Subcommittees of the Senate and House of Representatives," and inserting in lieu thereof the word "Sub committee."

1158

JOURNAL OF THE SENATE,

On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

On the adoption of Section 56, Part IV of the substitute, the ayes were 43, nays 0, and Section 56, Part IV of the substitute was adopted as amended.

Senator Holloway of the 12th offered the following amendment to Section 57, Part IV of the substitute.
Amend by striking the appropriation of $1,081,716,820.90 for the year 1970-71 and inserting in lieu thereof the figure $1,081,798,064.90.

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

On the adoption of Section 57, Part IV of the substitute, the ayes were 44, nays 0, and Section 57, Part IV of the substitute was adopted as amended.

On the adoption of Section 58, Part IV of the substitute, the ayes were 49, nays 0, and Section 58, Part IV of the substitute was adopted.

On the adoption of Section 22 of the substitute, the ayes were 45, nays 0, and Section 22 of the substitute was adopted.

On the adoption of Section 23 of the substitute, the ayes were 42, nays 0, and Section 23 of the substitute was adopted.

On the adoption of Section 24 of the substitute, the ayes were 47, nays 0, and Section 24 of the substitute was adopted.

Senator Pincher of the 51st moved that the Senate reconsider Section 36, Part III of the substitute.

On the motion, the ayes were 33, nays 0, and the motion prevailed.

Senator Fincher of the 51st offered the following amendment to Section 36Ia, Part III of the substitute:

MONDAY, FEBRUARY 16, 1970

115

Amend by striking the appropriation of $686,700.00 for the year 1970-71 and inserting in lieu thereof the figure $646,700.00.

By adding the following: Changed Objects. 1970-71
Operating Expenses _._-______________._........$ 354,200.00

To delete $40,000 from topographic mapping.

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

On the adoption of Section 36, Part III of the substitute, the ayes were 46, nays 0, and Section 36, Part III of the substitute was adopted as amended.

On the adoption of Article II of the substitute, the ayes were 36, nays 0, and Article II of the substitute was adopted as amended.

On the adoption of the substitute, the ayes were 46, nays 0, and the substitute to HB 1100 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.

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 Fincher of 54th Garrard Gillis

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder

Reynolds Riley Rowan Scott Searcey Smalley Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

1160

JOURNAL OF THE SENATE,

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

On the passage of the bill, the ayes were 54, 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 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 a bill of the House, to-wit:

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof: Messrs. Dickinson of the 118th, Johnson of the 29th and Williams of the llth.

The following resolution of the Senate was read and adopted:

SR 316. By Senators Abney of the 53rd, Holloway of the 12th, Andrews of the 49th and others:
A resolution expressing regret at the passing of Honorable Maddox J. Hale; and for other purposes.

The following resolution of the House was taken up for consideration:

HR 876. By Messrs. Smith of the 43rd, Busbee of the 61st, Snow of the 1st and others:
A resolution relative to adjournment of the General Assembly; and for other purposes.

MONDAY, FEBRUARY 16, 1970

1161

Senator Webb of the llth offered the following amendment:

Amend HR 876 by deleting the figure and word "5:00 o'clock" and inserting in lieu thereof the following: "11:59 o'clock" and by deleting the figure and word, "9:00 o'clock" and substituting in lieu therof the following: "8:00 o'clock."

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

On the adoption of the resolution, the ayes were 33, nays 0.

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

Senator Patton asked unanimous consent that the following resolution of the Senate be introduced, read the first time and referred to committee:

SR 321. By Senators Patton of the 40th, Smith of the 34th, Garrard of the 37th and others: A resolution designating the North Fulton Special Choir as the official choir of the State of Georgia during its tour during the summer months of 1970; and for other purposes.
The consent was granted.
Referred to Committee on Rules.
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 659. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A bill to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to increase the amount of bonds which the authority may issue; and for other purposes.

1162

JOURNAL OP THE SENATE,

The House has agreed to the Senate amendment to the following resolution of the House, to-wit:

HR 876. By Messrs. Smith of the 43rd, and Busbee of the 61st and many others:
A resolution relative to adjournment of the General Assembly and for other purposes.

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

HB 255. By Mr. Henderson of the 117th:
A bill to amend an Act known as the "Voluntary Sterilization Act", so as to provide that it shall be lawful for any physician or surgeon, li censed to practice medicine and surgery in this State, to perform a sterilization procedure on any person, including a minor, either legally married or mentally competent or not, if requested in writing to do so by or on behalf of such person; and for other purposes.

The following bills of the House were read the first time and referred to committees:

HB 100. By Messrs. Murphy of the 19th, Paris of the 14th and others:
A bill to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, exemptions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.
Referred to Committee on Banking and Finance.

HB 255. By Mr. Henderson of the 117th:
A bill to amend an Act known as the "Voluntary Sterilization Act", so as to provide that it shall be lawful for any physician or surgeon, licensed to practice medicine and surgery in this State, to perform a sterilization procedure on any person, including a minor, either legally married or mentally competent or not, if requested in writing to do so by or on behalf of such person; and for other purposes.
Referred to Committee on Health and Welfare.

HB 659. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to increase the amount of bonds which the authority may issue; and for other purposes.
Referred to Committee on Banking and Finance.

MONDAY, FEBRUARY 16, 1970

1163

HB 1226. 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.
Referred to Committee on Retirement.

HB 1318. By Mr. Atherton of the 117th:
A bill to authorize certain counties and municipalities to levy and im pose certain excise taxes; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1589. By Messrs. Felton and Hawes of the 95th:
A bill to amend Code Section 26-506, relating to multiple prosecution for same conduct, so as to require an accused to make a pretrial motion for single prosecution before several crimes arising out of the same conduct must be prosecuted in a single prosecution; and for other purposes.
Referred to Committee on Judiciary.
HB 1030. By Messrs. Carnes of the 104th and Cooper of the llth:
A bill to revise, classify, consolidate and supersede the present Juvenile Court Laws and to establish new laws relating thereto; and for other purposes
Referred to Committee on Judiciary.
HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia relating to elections, so as to place the conduct of primaries under the supervision of the ordi naries ; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Government.
HB 1615. By Messrs. Floyd, Higginbotham, Davis and Westlake of the 75th and others:
A bill to prohibit any real estate agent or broker from inducing or attempting to induce for profit any person to sell or rent his dwelling

1164

JOURNAL OF THE SENATE,

by the use of representations that a person or persons of a particular race, color, religion or national origin are planning to rent or buy a house, apartment or other abode in the neighborhood; and for other purposes.
Referred to Committee on Judiciary.

HB 1651. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to prevent discrimination on account of race, creed, color or na tional origin in connection with the education of the children of the State of Georgia; to make provisions relative to the assignment and at tendance of students; and for other purposes.
Referred to Committee on Educational Matters.

Senator Spinks of the 9th moved that the following bill of the House be immediately transmitted to the House:

HB 1524. By Mr. Bostick of the 63rd:
A bill to amend an Act creating a new charter for the City of Tifton, so as to provide that no member of the commission may contract with or sell to the city; and for other purposes.

On the motion, the ayes were 29, nays 0; the motion prevailed, and HB 1524 was immediately transmitted to the House.

Senator Starr of the 44th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 569. By Senator Starr of the 44th:
A bill to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the Ordinary of Clayton County; and for other purposes.

The consent was granted.

Referred to Committee on County and Urban Affairs.

MONDAY, FEBRUARY 16, 1970

1165

Senator Starr of the 44th asked unanimous consent that the following bill of the Senate be introduced, read the first time, and referred to committee:

SB 570. By Senator Starr of the 44th:
A bill to amend an Act creating the Clayton County Judicial Circuit, as amended, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint two assistant district attorneys; and for other pur poses.

The consent was granted.

Referred to Committee on County and Urban Affairs.

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

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

Senator Coggin of the 35th moved that the Senate adhere to its amendment to HB 1102, and that a Conference Committee be appointed.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the Senate amendment to HB 1102 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators McGill of the 24th, Hensley of the 33rd and Carter of the 14th.

The following communication was received from His Excellency, Governor Lester G. Maddox:

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JOURNAL OF THE SENATE,

EXECUTIVE DEPARTMENT Atlanta
February 16, 1970

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 appointment:

Honorable James M. Watts of Baldwin County as Solicitor of the County Court of Baldwin County for a term beginning February 16, 1970, and ending February 2, 1974.

Respectfully submitted,

LM:jc

/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 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 66.

Respectfully submitted, Eldridge of the 7th District, Chairman.

The following resolutions of the Senate were read and adopted:

MONDAY, FEBRUARY 16, 1970

1167

SR 317. By Senator Holloway of the 12th:
A resolution expressing the General Assembly's deepest and sincerest regrets for the passing of the Honorable Frederick Warren Mills; and for other purposes.

SR 318. By Senator Holloway of the 12th:
A resolution expressing the General Assembly's deepest and sincerest regrets for the passing of the Honorable J. I. Davis, Jr.; 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 Senate and House and has instructed me, as Chairman, to re port the same back to the Senate with the following recommendations:
SB 461. Do pass. HB 1490. Do pass. HB 1613. Do pass.
Respectfully submitted, Chapman of 32nd District, Chairman.

Senator Brown of the 47th District, Acting 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 has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommen dations :
SB 531. Do pass. SB 559. Do pass. SB 560. Do pass.

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JOURNAL OF THE SENATE,

SB 563. Do pass. SB 564. Do pass. SR 307. Do pass.

Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Holloway of the 12th moved that the Senate do now adjourn until 8:00 o'clock A.M. Wednesday, and the motion prevailed.

The President announced the Senate adjourned until 8:00 o'clock A.M. Wednesday.

WEDNESDAY, FEBRUARY 18, 1970

1169

Senate Chamber, Atlanta, Georgia Wednesday, February 18, 1970

The Senate met pursuant to adjournment at 8:00 o'clock A.M. today, and was. called to order by the President.

Senator Kennedy of the 4th reported that the journal of Monday's pro ceedings had been read and found correct.

Senator Holley of the 22nd moved that the Senate reconsider its action of Monday on the following bill of the Senate:

SB 522. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 13-204.1 which prohibits a bank from conducting a banking business in this State except on the premises of the place of business, so as to prohibit a bank from conducting a bank ing business off the premises by such means as receptacles for the receipt of deposits, armored car messenger service and loan production offices; and for other purposes.

On the motion, the Chair 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 Bateman Broun of 46th Carter Chapman Coggin Doss Fincher of 51st Garrard

Gillis Hardy Holley Holloway Kennedy McGill Miller Patton Plunkett Reynolds Rowan

Scott Smith of 18th Smith of 34th Starr Trippe Tysinger Vann Webb Young

Those voting in the negative were Senators:

Brown of 47th Eldridge

Kidd London

Pennington

1170

JOURNAL OF THE SENATE,

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

On the motion to reconsider, the ayes were 31, nays 5; the motion prevailed, .and SB 522 was placed on the Senate Calendar.

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

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

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 Patton 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, the reading of the journal was dispensed with, and the journal was confirmed.

Senator Eldridge of the 7th 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, FEBRUARY 18, 1970

1171

The President announced as the doctor of the day, Dr. Peter C. Sotus.

Scripture reading and prayer were offered by Reverend Jimmy Waters, Mablewhite Baptist Church, Macon, Georgia.

Senator Holloway of the 12th asked unanimous consent that the journal show that the following senators would necessarily be absent from the floor of the Senate from 8:30 o'clock A. M. until 2:00 o'clock P. M., attending a Conference Committee meeting on HB 1100, as members on the part of the Senate, and would, therefore, not be recorded on roll call votes:

Senators Holloway of the 12th, Plunkett of the 30th and Coggin of the 35th.

The consent was granted.

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

HB 841. By Mr. Lambert of the 25th:
A bill to amend Code Section 56-2004, relating to the qualifications re quired of Farmers' Mutual Fire Insurance Companies, so as to change the qualifications required prior to the issuance of a certificate of authority; and for other purposes.

HB 1091. By Messrs. Snow and Crowe of the 1st and Peters of the 2nd:
A bill to amend an Act requiring dealers in junk or metals purchasing copper wire or cable to keep certain information, so as to change the information required to be kept by such dealers; and for other purposes.

HB 1338. By Mr. Barber of the 15th:
A bill to amend Code Chapter 32-9, relating to county boards of educa tion, so as to provide for an appeal to the local board of education and State Board of Education for any teacher whose contract has not been renewed; and for other purposes.

HB 1339. By Mr. Barber of the 15th:
A bill to amend an Act providing sick leave for the teachers of the public schools of this State, so as to provide that up to a maximum of

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JOURNAL OF THE SENATE,

three days accumulated sick leave may be used by any teacher for the purpose of absenting himself for any personal or professional reason, if prior approval of such absence was obtained from the superintendent; and for other purposes.

HB 1364. By Mr. Odom of the 61st, Ployd of the 7th and Harrison of the 66th:
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 1371. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend the "Motor Vehicle Certificate of Title Act", so as to increase the fee for filing; to increase the compensation of agents; and for other purposes.

HB 1459. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, so as to authorize the Executive Director of said Corporation to employ personnel, to contract for services and to expend funds for same; and for other purposes.

HB 1492. 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 name of the Board of Georgia State Board of Nursing Home Administrators; and for other purposes.
HB 1493. By Mr. Conner of the 56th: A bill to amend Title 56 of the Code of Georgia, relating to insurance, so as to provide that the Commissioner may establish rules and regu lations with regard to a reasonable waiting period for re-examination of applicants for licenses as agents and counselors for life, accident and sickness insurance; and for other purposes.
HB 1550. By Messrs. Gaynor of the 88th, Odom of the 61st, Longino of the 98th and Jordan of the 74th:
A bill to amend Code Section 13-2021, relating to loans upon or purchase of bank stock by banks, so as to prohibit loans by banks on its capital notes or debentures and to prohibit purchases by banks of its capital notes or debentures; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1178

HB 1686. By Messrs. Geisinger and Collins of the 72nd:
A bill to amend an Act incorporating the City of Doraville, so as to redefine the corporate limits; and for other purposes.

HB 1701. By Mr. Jones of the 84th:
A bill to repeal Code Section 66-202, relating to parents binding out minor children; and for other purposes.

HR 815. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution authorizing and directing, subject to the prior consent of the State Properties Commission, the Governor of the State of Georgia to transfer by Executive Order the custody, control and jurisdiction of 900 acres, more or less, of State owned real property in Hart County, from the State Properties Control Commission to the State Game and Pish Commission; and for other purposes.

HR 828. By Messrs. Smith of the 3rd, Murphy of the 19th, Busbee of the 61st,, Hawes of the 95th and Brantley of the 114th:
A resolution creating a Georgia Dangerous Substances Control Com mission; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority, the following bill of the Senate, to-wit:

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A bill to create the South Fulton Coliseum Authority; and for other purposes.

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

HB 1453. By Mr. Conner of the 56th:
A bill to amend Code Title 56, relating to insurance, so as to provide for the regulation of insurance holding company systems; to define the term "insurance holding company systems"; and for other purposes.

HB 1496. By Mr. Wamble of the 69th:
A bill to provide that the Revenue Commissioner shall be authorized to grant permits to licensed, wholesale, tobacco dealers; to allow tobacco, tax stamps to be obtained on account; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1696. By Mr. Busbee of the 61st:
A bill to amend an Act entitled "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that if the sole use of property purchased under a certificate is the transportation of persons for hire while holding it for sale, the purchaser may elect to include in gross receipts the transportation charges; and for other purposes.

HR 637. By Mr. Sorrells of the 24th:
A resolution designating the District Attorneys Association of Georgia as the appropriate State agency for the purpose of receiving grants and donations; and for other purposes.

The House has agreed to the Senate amendments to the following bills of the House, to-wit:

HB 1378. By Messrs. Jones of the 87th and Moore of the 6th:
A bill to amend Code Section 79A-9911, relating to penalties for vio lating Code Chapter 79A-8, known as the Uniform Narcotic Drug Act, so as to delete all references to minors in the third unnumbered para graph of this Section, and substituting in lieu thereof the words "any person", so that it will be applicable to any person who gives, offers for sale, barters, exchanges or furnishes any person any narcotic drug in violation of said Chapter; and for other purposes.

HB 1510. By Messrs. Lane, Nessmith and Parker of the 44th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bulloch County, so as to change the provisions relating to the compensation of the assistants for the Tax Commissioner; and for other purposes.

The House has agreed to the Senate substitutes to the following bills 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 1040. By Mr. Melton of the 32nd:
A bill to impose a tax on obscene materials; to define terms; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1175

HB 1078. By Messrs. Pafford of the 64th, Brown of the 32nd, Clarke of the 33rd, Chandler of the 34th and others:
A bill to amend Code Section 92-5001, relating to interest on taxes due the State and counties, so as to change the rate of interest; and for other purposes.

HB 1396. By Mr. Hargrett of the 58th:
A bill to provide for the manner of appointment of members of the Board of the Wayne County Hospital Authority; 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 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to amend Code Section 21-105, relating to fees paid Coroners, so. as to change the compensation of the coroner in certain counties; and for other purposes.

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

HB 177. By Messrs. Colwell of the 5th, Felton of the 95th, Moore of the 6th, Barber of the 15th:
A bill to amend Code Section 32-510 relating to the compensation of the State Superintendent of Schools, so as to change said compensation; and for other purposes.

HB 1121. By Messrs. Whaley of the 93rd, Barber of the 15th and Jones of the 87th:
A bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to permit certain pupils who live within one and and one-half miles from the school to which they are assigned to be counted as transported pupils for the purpose of calculating the expense of pupil transportation under said Act; and for other purposes.

HB 1012. By Mr. Farmer of the 16th:
A bill to update and modernize mortality tables in use in permanent injury and wrongful death cases in this State; and for other purposes.

1176

JOURNAL OP THE SENATE,

HB 1674. By Mr. Phillip of the 29th:
A bill to amend an Act incorporating the City of Grovetown in the County of Columbia, so as to change the provisions relating to the compensation of the Mayor and the members of the City County; to change the name of the police court to the City Court; and for other purposes.

HB 1497. By Mr. Horton of the 95th:
A bill to define, control and prohibit the littering of public or private property; and for other purposes.

HB 1207. By Mr. Busbee of the 61st:
A bill to amend Code Section 24-2612, relating to the expenses of as signed judges, so as to provide for reimbursing judges of the superior court for expenses incurred while holding court in a judicial circuit other than the circuit in which such judges normally held court; and for other purposes.

HB 1576. By Mr. Lee of the 61st:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide that substantial compliance with the forms for affidavits made or warrants issued for the arrest of offenders against the penal laws of this State shall, in all cases, be sufficient; and for other purposes.

HB 1476. By Messrs. Chandler of the 34th and Lambert of the 25th:
A bill to amend an Act known as the "Georgia Securities Act", so as to change the provisions relating to the filing of a bond prior to the registration of securities for sale; and for other purposes.

HB 1679. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A bill to be entitled an Act 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 1663. By Mr. Lane of the 101st:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, so as to provide certain additional definitions; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1177

HB 1432. By Messrs. Reaves of the 71st and Rainey of the 47th:
A bill to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program; and for other purposes.

HB 1377. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend Code Section 100-108, relating to bonds given by State depositories, and to the giving of securities in lieu of bonds, so as to authorize the use of loans guaranteed by the Georgia Higher Education Assistance Corporation as security for deposits of State funds; and for other purposes.

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

HR 621. By Mr. Carnes of the 104th:
A resolution creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes.

HR 652. By Messrs. Adams of the 100th, Lane of the 101st, Geisinger of the 72nd and Bostick of the 63rd:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of one member from each congressional district in the State to the State Personnel Board; and for other purposes.

HR 614. By Mr. Williams of the llth:
A resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.

HR 849. By Mr. Gunter of the 6th:
A resolution authorizing the conveyances of certain real property in Rabun County in exchange for certain other real property located in Rabun County; and for other purposes.

HR 829. By Mr. Harris of the 10th:
A resolution declaring a certain tract of State-owned property to be surplus and authorizing its conveyances; and for other purposes.

1178

JOURNAL OF THE SENATE,

HE 811. By Messrs. Maxwell and Simkins of the 78th, DeLong and Sherman of the 80th, and Dent of the 79th:
A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; and for other purposes.

HR 842. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution so as to pro vide for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973; and for other purposes.

HR 848. By Mr. Bray of the 31st:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Meriwether County; and for other purposes.

HR 851. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of 2% of the total annual rent collected; and for other purposes.

HR 853. By Mr. Anderson of the 49th: A resolution proposing an amendment to the Constitution so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the County school system of Bleckley County; and for other purposes.
HR 869. By Messrs. Dixon and Sweat of the 65th: A resolution proposing an amendment to the Constitution so as to pro vide for the consolidation of the offices of the tax receiver and tax collector of Ware County into the office of the tax commissioner of Ware County; and for other purposes.
HR 870. By Messrs. Farmer and Matthews of the 16th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the tax receiver,

WEDNESDAY, FEBRUARY 18, 1970

1179

tax collector or tax commissioner of Clarke County may receive tax returns and collect taxes due to the City of Athens; and for other
purposes.

HR 871. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to the Article XI, Section I, Paragraph VI of the Constitution to provide for a Board of Registrars in Dougherty County without an enabling Act of the General Assembly; and for other purposes.

HR 872. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution to provide for a Board of Elections in Dougherty County without an enabling Act of the General Assembly; and for other purposes.

HR 824. By Mr. Wamble of the 69th:
A resolution proposing an amendment to the Georgia Laws 1962, p. 12001211, so as to remove the limitation on the rate of interest applicable to bonds issued by the City of Cairo Development Authority; and for other purposes.

HR 648. By Mr. Scarlett of the 67th:
A resolution proposing an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Glynn County Public Im provement Authority; and for other purposes.

HR 846. By Mr. Hill of the 97th:
A resolution creating the South Pulton single municipality study com mittee; to include each of the municipalities other than the City of Atlanta located in whole, or in part, in House Districts 97, 98 and 101 and that portion of the unincorporated area of Fulton County located in House Districts 97, 98 and 101 to consider the question of "whether the residents of the affected area desire to become a part of a single municipality in South Fulton County"; and for other purposes.

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

HB 1551. By Mr. Moore of the 6th:
A bill to amend an Act establishing the City Court of Stephens County, so as to change the compensation of the judge and solicitor of the City Court of Stephens County; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1699. By Messrs. Evans, Knapp, Keen of the 81st:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon", so as to change the name of the recorder's court of the City of Macon to municipal court of Macon; and for other purposes.

HB 1705. By Messrs. Reaves, Bennett and Barfield of the 71st:
A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes.

HB 1709. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing the Magistrate's Court of Clarke County, so as to change the office hours of said court; and for other purposes.

HB 1713. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing a City Court in Clarke County, so as to change the compensation of the Special Investigator of the Solicitor of said Court; and for other purposes.

HB 1714. By Messrs. Miller of the 83rd, and Dodson of the 82nd:
A bill to provide that in counties of not less than 136,000 nor more than 158,000, all lakes contained in whole or in parts of boundaries of said counties shall be exempt from sales or use taxes; and for other purposes.

HB 1494. By Messrs. Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd, Games of the 104th, Wilkerson of the 103rd, and others: A bill to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authorities of certain municipali ties; and for other purposes.
HB 1621. By Mr. Kreeger 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 (s) increasing the corporate limits of the City of Smyrna; and for other purposes.
HB 1649. By Messrs. Hudson and Dorminy of the 48th: A bill to incorporate the City of Pitts; to grant a new charter to said city; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1181

HB 1652. By Messrs. Mason and Nash of the 13th:
A bill to create Gwinnett County Water and Sewerage Authority; and for other purposes.

HB 1667. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of the City of Cordele to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1668. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of Crisp County to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1681. By Messrs. Chandler and Harrington of the 34th:
A bill creating and establishing a Small Claims Court in and for Wilkinson County; and for other purposes.

HB 1682. By Mr. Clarke of the 33rd:
A bill to amend an Act providing that certain costs in criminal cases shall be used for the purposes of maintaining the Butts County court house, so as to provide that certain costs in criminal cases before the judge of the Court of Ordinary shall be remitted to the Treasurer of Butts County to be used for the purposes of maintaining the Butts County courthouse; and for other purposes.

HB 1684. By Mr. Clarke of the 33rd:
A bill to amend an Act changing the compensation of the tax collector of Butts County, so as to change the compensation of the clerical per sonnel of the tax collector of Butts County; and for other purposes.

HB 1689. By Mrs. Hamilton of the 112th:
A bill to amend an Act providing for a Board of Elections in counties of more than 500,000, so as to change the name of such Board of Elec tions and of the Elections Supervisor; to extend the authority of said Board and Supervisor over the Registration of electors; and for other purposes.

HB 1691. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of At lanta, so as to change the corporate limits; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1692. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to change the corporate limits of the City of East Point; and for other purposes.

HB 1693. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of tax commissioner of Pulaski County, so as to increase the compensation of the tax commissioner's deputy; and for other purposes.

HB 1694. By Messrs. Anderson and Holder of the 49th:
A bill to district Pulaski County for the purpose of providing fire pro tection services; and for other purposes.

HB 1695. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary, so as to increase the allowance of the clerical assistant to the clerk; and for other purposes.

HB 1697. By Messrs. Sweat and Dixon of the 65th:
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 1698. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act creating and establishing a new charter for the City of Waycross, so as to authorize the city commission to fix the salary of the mayor within a certain salary range; and for other purposes.

HB 898. By Messrs. Miles, Maxwell and Simkins of the 78th:
A bill to amend an Act providing for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 inhabitants, so as to provide for three permanent Court Reporters; and for other purposes.

HB 1683. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County on an annual salary in lieu of the fee system of compensation, so as to require the

WEDNESDAY, FEBRUARY 18, 1970

1183

Board of Commissioners of Butts County to furnish uniforms to the sheriff and deputy sheriffs; and for other purposes.

HB 1623. By Messrs. Maxwell and Simkins of the 78th:
A bill to create in each county of the State having a population of not less than 140,000, a county personnel commission which shall operate as an advisory body to the governing authority of the county and which shall consist of 6 members appointed by the governing authority for staggered terms; and for other purposes.

HB 1500. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation and expense allowance of the commis sioner ; and for other purposes.

HB 1501. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers and the manner and method of compensating their employees; and for other purposes.

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

SB 457. By Senator Zipperer of the 3rd:
A bill to amend an Act creating and incorporating the City of Richmond Hill, so as to enumerate the corporate powers of said City; and for other purposes.

SB 500. By Senator Broun of the 46th:
A bill to amend an Act fixing the compensation of the Judge of the Juvenile Court of Clarke County, so as to change the compensation of the judge; and for other purposes.

SB 502. By Senator Broun of the 46th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the county of Clarke, so as to change the compensation of the chairman and members of the board; and for other purposes.

SB 505. By Senator Broun of the 46th:
A bill to amend an Act providing for the merger of the independent school system of the mayor and council of the City of Athens, so as to

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provide that no educational tax shall be levied at a rate in excess of 20 mills; and for other purposes.

SB 509. By Senator Broun of the 46th:
A bill to amend an Act consolidating the Clarke County Board of Health and the Board of Health of the City of Athens, so as to change the method of selection of members; and for other purposes.

- SB 511. By Senator McGill of the 24th:
A bill to authorize the use of public funds of Wilkes County for indus trial development and related purposes; and for other purposes.

SB 399. By Senator Rowan of the 8th:
A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties relative only to thecollection of all tax fi. fas. issued to make levy of such fi. fas., adver tisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; and for other purposes.

SB 480. By Senator Dean of the 6th:
A bill to amend an Act incorporating and creating a new charter for the City of Jesup, so as to change the corporate limits of the City of Jesup; and for other purposes.

SB 520. By Senator Reynolds of the 48th:
A bill to amend an Act creating a new charter of the Town of Maysville, so as to increase the term of office of mayor and aldermen from one year to two years; and for other purposes.

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

SB 501. By Senator Broun of the 46th:
A bill to provide for the compensation of the Coroner of Clarke County; and for other purposes.

SB 503. By Senator Broun of the 46th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

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1185

SB 458. By Senator Zipperer of the 3rd:
A bill to amend an Act relating to the establishment of a City Court of Pembroke in and for the County of Bryan to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the Courts of Ordinary in certain counties; and for other purposes.

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

SR 235. By Senator Broun of the 46th: A resolution proposing an amendment to the Constitution so as to re move therefrom the sentence which provides that property of the Clarke County School District taxed for the support of the Clarke County School System shall not be subject to the homestead exemption; and for other purposes.
SR 267. By Senators Walling of the 42nd and Pennington of the 45th: A resolution urging the State Board of Education to conduct a study as to the feasibility of introducing into the public school system instruction in environment and natural resources; and for other purposes.
SR 297. By Senators Hensley of the 33rd and Chapman of the 32nd: A resolution commending the Lockheed-Georgia Company; and for other purposes.

SR 317. By Senator Holloway of the 12th:
A resolution expressing the General Assembly's deepest and sincerest regrets for the passing of the Honorable Frederick Warren Mills; and for other purposes.

318. By Senator Holloway of the 12th:
A resolution expressing the General Assembly's deepest and sincerest regrets for the passing of the Honorable J. I. Davis, Jr.; and for other purposes.

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

HB 1033. By Mr. Games of the 104th: A bill to create the State Arborist Board; and for other purposes.

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HB 1027. By Mr. Williams of the llth:
A bill to amend an Act so as to provide for a Medical Advisory Board in the Department of Public Safety; and for other purposes.

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 1227. By Messrs. Williams of the llth, and Wilson of the 117th:
A bill to amend an Act authorizing the use of radar speed detection devices by the various counties of this State, so as to prohibit the use of radar speed detection devices; and for other purposes.

The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House, to-wit:

HR 659. By Mr. Egan of the 116th:
A resolution proposing an amendment to the Constitution so as to autho rize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the pur pose of private or corporate profit and income; and for other purposes.

The following bills and resolutions of the House were read the first time and referred to committees:

HB 841. By Mr. Lambert of the 25th:
A bill to amend Code Section 56-2004, relating to the qualifications re quired of Farmers' Mutual Fire Insurance Companies, so as to change the qualifications required prior to the issuance of a certificate of authority; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1091. By Messrs. Snow and Crowe of the 1st and Peters of the 2nd:
A bill to amend an Act requiring dealers in junk or metals purchasing copper wire or cable to keep certain information, so as to change the information required to be kept by such dealers; and for other purposes.
Referred to Committee on Industry and Labor.

HB 1338. By Mr. Barber of the 15th:
A bill to amend Code Chapter 32-9, relating to county board of education, so as to provide for an appeal to the local board of education and State

WEDNESDAY, FEBRUARY 18, 1970

1187

Board of Education for any teacher whose contract has not been re newed; and for other purposes.
Referred to Committee on Educational Matters.

HB 1339. By Mr. Barber of the 15th:
A bill to amend an Act providing sick leave for the teachers of the public schools of this State, so as to provide that up to a maximum of three days accumulated sick leave may be used by any teacher for the purpose of absenting himself for any personal or professional reason, if prior approval of such absence was obtained from the superintendent; and for other purposes.
Referred to Committee on Educational Matters.

HB 1364. By Messrs. Odom of the 61st, Floyd of the 7th and Harrison of the 66th:
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.

The following bill and resolutions of the Senate were introduced, read the first time and referred to committees:

SB 571. By Senators Miller of the 43rd and Walling of the 42nd:
A bill to authorize any county which furnishes to its citizens any three of the municipal type services of water, sewerage, sanitation, police, fire protection, construction code enforcement and maintenance of roads in the unincorporated area of the County; to repeal conflicting laws; and for other purposes.
Referred to Committee on County and Urban Affairs.

SR 319. By Senators Rowan of the 8th and Pennington of the 45th:
A resolution creating the Fire Ant Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 320. By Senator Vann of the 10th:
A resolution creating an interim study committee to study the methods of taking a census of school-age children; and for other purposes.
Referred to Committee on Rules.

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SR 322. By Senators Stephens of the 36th, Fincher of the 54th, Garrard of the 37th and others:
A resolution urging the movie industry to attach short trailers to movies which romanticize or make heroes out of bank robbers, murderers, hot rodders, or other like plots or characters; and for other purposes.
Referred to Committee on Health and Welfare.

SR 323. By Senator Bateman of the 27th:
A resolution relative to the inauguration of a capital improvement pro gram for the replacement of obsolete school facilities; and for other purposes.
Referred to Committee on Educational Matters.

SR 324. By Senators Smith of the 34th, Pennington of the 45th, Gillis of the 20th and others:
A resolution placing the Senate on record as being against certain organ izations using State educational facilities; and for other purposes.
Referred to Committee on University System of Georgia.

HB 1371. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend the "Motor Vehicle Certificate of Title Act", so as to increase the fee for filing; to increase the compensation of agents; and for other purposes.
Referred to Committee on Highways.

HB 1453. By Mr. Conner of the 56th:
A bill to amend Code Title 56, relating to insurance, so as to provide for the regulation of insurance holding company systems; to define the term "insurance holding company systems"; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1459. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, so as to authorize the Executive Director of said Corporation to employ personnel, to contract for services and to expend funds for same; and for other purposes.
Referred to Committee on University System of Georgia.

WEDNESDAY, FEBRUARY 18, 1970

1189

HB 1492. By Mr. Brantley of the 62nd:
A bill to amend an Act creating the Georgia State Board of Nursing Homes, so as to change the name of the Board to Georgia State Board of Nursing Administrators; and for other purposes.
Referred to Committee on Health and Welfare.

HB 1493. By Mr. Conner of the 56th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, so as to provide that the Commissioner may establish rules and regula tions with regard to a reasonable waiting period for re-examination of applicants for licenses as agents and counselors for life, accident and sickness insurance; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1496. By Mr. Wamble of the 69th:
A bill to provide that the Revenue Commissioner shall be authorized to grant permits to licensed, wholesale, tobacco dealers; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1550. By Messrs. Gaynor of the 88th, Odom of the 61st, Longino of the 98th and Jordan of the 47th:
A bill to amend Code Section 13-2021, relating to loans upon or purchase of bank stock by banks, so as to prohibit loans by banks on its capital notes or debentures and to prohibit purchases by banks of its capital notes or debentures; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1686. By Messrs. Geisinger and Collins of the 72nd:
A bill to amend an Act incorporating the City of Doraville, so as to re define the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1696. By Mr. Busbee of the 61st:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that if the sole use of property purchased under a certificate is the transportation of persons for hire while holding it for sale, the purchaser may elect to include in gross receipts the transportation charges; and for other purposes.
Referred to Committee on Banking and Finance.

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HB 1701. By Mr. Jones of the 84th:
A bill to repeal Code Section 66-202, relating to parents binding out minor children; and for other purposes.
Referred to Committee on Judiciary.

HE 637. By Mr. Sorrells of the 24th:
A resolution designating the District Attorneys Association of Georgia as the appropriate State agency for the purpose of receiving grants and donations; and for other purposes.
Referred to Committee on Judiciary.

HR 815. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution authorizing and directing, subject to the prior consent of the State Properties Commission, the Governor to transfer by Executive Order the custody, control and jurisdiction of 900 acres, more or less of State owned real property in Hart County, from the State Properties Control Commission to the State Game and Pish Commission; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 828. By Messrs. Smith of the 3rd, Murphy of the 19th, Busbee of the 61st and others:
A resolution creating a Georgia Dangerous Substances Control Commis sion; and for other purposes.
Referred to Committee on Health and Welfare.

HB 898. By Messrs. Miles, Simkins, Maxwell of the 78th, and others:
A bill to amend an Act providing for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 inhabitants, so as to provide for three permanent Court Reporters; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1494. By Messrs. Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd, Carnes of the 104th and others:
A bill to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authorities of certain municipali ties; and for other purposes.
Referred to Committee on County and Urban Affairs.

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1191

HB 1551. By Mr. Moore of the 6th:
A bill to amend an Act establishing the City Court of Stephens County, so as to change the compensation of the judge and solicitor of the City Court of Stephens County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1621. ByMr. Kreeger 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 (s) increasing the corporate limits of the City of Smyrna; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1623. By Messrs. Maxwell and Simkins of the 78th, Sherman of the 80th, Connell and Dent of the 79th:
A bill to create in each county of the State having a population of not less than 140,000, a county personnel commission which shall operate as an advisory body to the governing authority of the county and which shall consist of 6 members appointed by the governing authority for staggered terms; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1649. By Messrs. Hudson and Dorminy of the 48th:
A bill to incorporate the City of Pitts; to grant a new charter to said city; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1652. By Messrs. Mason and Nash of the 13th:
A bill to create Gwinnett County Water and Sewerage Authority; and for other purposes. Referred to Committee on County and Urban Affairs.

HB 1667. ByMr. Rainey of the 47th:
A bill to authorize the governing authority of the City of Cordele to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to Committee on County and Urban Affairs.

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HB 1668. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of Crisp County to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1679. 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.

HB 1681. By Messrs. Chandler and Harrington of the 34th:
A bill to be entitled an Act creating and establishing a Small Claims Court in and for Wilkinson County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1682. By Mr. Clarke of the 33rd:
A bill to amend an Act providing that certain costs in criminal cases shall be used for the purposes of maintaining the Butts County court house, so as to provide that certain costs in criminal cases before the judge of the Court of Ordinary shall be remitted to the Treasurer of Butts County to be used for the purpose of maintaining the Butts County courthouse; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1683. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County on an annual salary in lieu of the fee system of compensation, so as to require the Board of Commissioners of Butts County to furnish uniforms to the sheriff and deputy sheriffs; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1684. By Mr. Clarke of the 33rd:
A bill to amend an Act changing the compensation of the tax collector of Butts County, so as to change the compensation of the clerical personnel of the tax collector of Butts County; and for other purposes.
Referred to Committee on County and Urban Affairs.

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1193

HB 1689. By Mrs. Hamilton of the 112th:
A bill to amend an Act providing for a Board of Elections in counties of more than 500,000, so as to change the name of such Board of Elections and of the Elections Supervisor; to extend the authority of said Board and Supervisor over the Registration of electors; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1691. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1692. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to change the corporate limits of the City of East Point; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1693. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of tax commissioner of Pulaski County, so as to increase the compensation of the tax commis sioner's deputy; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1694. By Messrs. Anderson and Holder of the 49th:
A bill to district Pulaski County for the purpose of providing fire pro tection services; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1695. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the Clerk of the Superior Court of Pulaski County upon an annual salary, so as to increase the allowance of the clerical assistant to the clerk; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1697. By Messrs. Sweat and Dixon of the 65th:
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.

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HB 1698. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act creating and estblishing a new charter for the City of Waycross, so as to authorize the city commissioner to fix the salary of the mayor within a certain salary range; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1699. By Messrs. Evans, Knapp, Keen of the 81st, Dodson of the 82nd and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon", so as to change the name of the recorder's court of the City of Macon to municipal court of Macon; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1709. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing the Magistrate's Court of Clarke County, so as to change the office hours of said court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1705. By Messrs. Reaves, Bennett and Barfield of the 71st:
A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1713. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing a City Court in Clarke County, so as to change the compensation of the Special Investigator of the Solicitor of said Court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1714. By Messrs. Miller of the 83rd, Dodson of the 82nd, and others: others:
A bill to provide that in counties of not less than 136,000 nor more than 158,000, all lakes contained in whole or in part of boundaries of said counties shall be exempt from sales or use taxes; and for other purposes.
Referred to Committee on County and Urban Affairs.

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1195

HR 811. By Messrs. Maxwell and Simkins of the 78th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place of business in any area of Richmond County outside the incorporated limits of municipali ties; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 824. By Mr. Wamble of the 69th:
A resolution proposing an amendment to the Ga. Laws. 1962, p. 12001211, so as to remove the limitation on the rate of interest applicable to bonds issued by the City of Cairo Development Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 842. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution so as to pro vide for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 848. By Mr. Bray of the 31st:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Meriwether County; and for other purposes.
Referred to Committee on Appropriations.

HR 851. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of 2% of the total annual rent collected; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 853. By Mr. Anderson of the 49th:
A resolution proposing an amendment to the Constitution so as to create The Cochran-Bleckley School System by merging the independent school

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system of the City of Cochran and the County school system of Bleckley County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 869. By Messrs. Dixon and Sweat of the 65th:
A resolution proposing an amendment to the Constitution so as to pro vide for the consolidation of the offices of the tax receiver and tax col lector of Ware County into the office of the tax commissioner of Ware County; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 870. By Messrs. Farmer and Matthews of the 16th:
A resolution proposing an amendment to the Constitution so as to autho rize the General Assembly to provide by law that the tax receiver, tax collector or tax commissioner of Clarke County may receive tax returns and collect taxes due to the City of Athens; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 871. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution to provide for a Board of Registrars in Dougherty County without an enabling Act of the General Assembly; and for other purposes.
Referred to Committee on County and Urban Affairs.

HR 872. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to the Constitution to provide for a Board of Elections in Dougherty County without an enabling Act of the General Assembly; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1012. By Mr. Farmer of the 16th:
A bill to update and modernize mortality tables in use in permanent injury and wrongful death cases in this State; and for other purposes.
Referred to Committee on Banking and Finance.

HB 1121. By Messrs. Whaley of the 93rd, Barber of the 15th and Jones of the 87th:
A bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to permit certain pupils who live within one and

WEDNESDAY, FEBRUARY 18, 1970

1197

one-half miles from the school to which they are assigned be counted as transported pupils for the purpose of calculating the expense of pupil transportation under said Act; and for other purposes.
Referred to Committee on Educational Matters.

HB 1027. By Mr. Williams of the llth:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver licenses, approved March 19, 1937 (Ga. Laws 1937, p. 322), as amended, so as to provide for a Medical Advisory Board; and for other purposes.
Referred to Committee on Highways.

HB 1432. By Messrs. Reaves of the 71st and Rainey of the 47th:
A bill to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for mar keting under a fish farming program; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HB 1500. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation and expense allowance of the commis sioner; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1501. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers and the manner and method of compensating their employees; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1497. By Mr. Horton of the 95th:
A bill to define, control and prohibit the littering of public or private property; and for other purposes.
Referred to Committee on Business, Trade and Commerce.

HB 1674. By Mr. Phillips of the 29th:
A bill to amend an Act incorporating the City of Grovetown in the County of Columbia, so as to change the provisions relating to the

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JOURNAL OF THE SENATE,

compensation of the Mayor and the members of the City Council; to change the name of the police court to the City Court; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1377. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend Code Section 100-108, relating to bonds given by State depositories, and the giving of securities in lieu of bonds, so as to authorize the use of loans guaranteed by the Georgia Higher Education Assistance Corporation as security for deposits of State funds; and for other purposes.
Referred to Committee on Banking and Finance.

HR 648. By Mr. Scarlett of the 67th:
A resolution proposing an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Glynn County Public Im provement Authority; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 1207. By Mr. Busbee of the 61st:
A bill to amend Code Section 24-2612, relating to the expenses of as signed Judges, so as to provide for reimbursing judges of the superior court for expenses incurred while holding court in a judicial circuit other than the circuit in which such judges normally hold court; and for other purposes.
Referred to Committee on Judiciary.

HB 1033. By Mr. Carnes of the 104th: A bill to create the State Arborist Board; and for other purposes.
Referred to Committee on Agriculture and Natural Resources.

HR 614. By Mr. Williams of the llth:
A resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.
Referred to Committee on Rules.

HR 829. By Mr. Harris of the 10th:
A resolution declaring a certain tract of State-owned property to be sur plus and authorizing its conveyance; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

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1199

HR 849. By Mr. Gunter of the 6th:
A resolution authorizing the conveyance of certain real estate property in Rabun County in exchange for certain other real property located in Rabun County; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HR 652. By Messrs. Adams of the 100th, Lane of the 101st, Geisinger of the 72nd and Bostick of the 63rd:
A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of one member from each congressional district in the State to the State Personnel Board; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HR 846. By Mr. Hill of the 97th:
A resolution creating the South Fulton single municipality study com mittee; to include each of the municipalities other than the City of Atlanta located in whole, or in part, in House Districts 97, 98 and 101 and that portion of the unincorporated area of Fulton County located in House Districts 97, 98 and 101 to consider the question of "whether the residents of the affected area desire to become a part of a single municipality in South Fulton County"; and for other purposes.
Referred to Committee on County and Urban Affairs.
HR 621. By Mr. Games of the 104th:
A resolution creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes.
Referred to Committee on Rules.

HB 177. By Messrs. Colwell of the 5th, Felton of the 95th, Moore of the 6th, Barber of the 15th:
A bill to amend Code Section 32-510 relating to the compensation of the State Superintendent of Schools, so as to change said compensation; and for other purposes.
Referred to Committee on Economy, Reorganization and Efficiency in Gov ernment.

HB 1663. By Mr. Lane of the 101st:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes

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JOURNAL OF THE SENATE,

and other facilities, so as to provide certain additional definitions; and for other purposes.
Referred to Committee on Judiciary.

HB 1576. By Mr. Lee of the 61st:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide that substantial compliance with the forms for affidavits made or warrants issued for the arrest of offenders against the penal laws of this State shall, in all cases, be sufficient; and for other purposes.
Referred to Committee on Judiciary.

HB 1476. By Messrs. Chandler of the 34th and Lambert of the 25th:
A bill to amend an Act known as the "Georgia Securities Act", so as to change the provisions relating to the filing of a bond prior to the registration of securities for sale; and for other purposes.
Referred to Committee on Banking and Finance.

The following bills and resolutions of the Senate and House were read the second time:

SB 562. By Senator Starr of the 44th:
A bill to amend Code Section 59-120, relating to the compensation of jurors and court bailiffs, as amended, so as to change the minimum and the maximum amounts allowable for court bailiffs; to repeal con flicting laws; and for other purposes.

HB 1086. By Messrs. Hutchinson of the 61st, Barber of the 15th, Parker of the 44th, Davis of the 75th and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the State Board of Education shall allot teachers to local units of administration on the basis of one teacher per 27 pupils in average daily attendance in grades one through seven of each local unit; and for other purposes.

HB 1129. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the State Board of Pardon and Parole, so as to authorize parole supervisors or parole officers to arrest any parolee or conditional releasee who has violated the terms and conditions of his parole with or without a warrant; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1201

HB 1190. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the estab lishment of a Joint Municipal Retirement System, so as to provide for coverage for the employees of the jointly owned Natural Gas Transmis sion Line; and for other purposes.

HB 1223. By Mr. Games of the 104th:
A bill to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain of the 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 city; and for other purposes.

SR 321. By Senators Patton of the 40th, Smith of the 34th, Garrard of the 37th and others:
A resolution designating the North Fulton Special Choir as the official choir of the State of Georgia during its tour during the summer months of 1970; and for other purposes.

SB 563. By Senator Cox of the 21st:
A bill to provide for the appointment of the County School Super intendent of Emanuel County by the Board of Education of Emanuel County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; to provide for a referendum; and for other purposes.

SB 564. By Senator Cox of the 21st:
A bill to provide for a referendum election in Emanuel County at which the voters of Emanuel County shall be given a choice of increas ing the number of members of the Board of Education to seven, all of whom shall be appointed by the Grand Jury, or of increasing the number of members of the Board to seven all of whom shall be elected, or of having the Board remain as presently constituted; to repeal con flicting laws; and for other purposes.

SB 565. By Senator McGill of the 24th:
A bill to amend an Act placing the clerk of the Superior Court of Warren County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the clerk of the Superior Court ; to repeal conflicting laws; and for other purposes.

1202

JOURNAL OF THE SENATE,

SB 566. By Senator McGill of the 24th:
A bill to amend an Act providing for the compensation of the Ordinary of Warren County, as amended, so as to change the compensation of the Ordinary; to repeal conflicting laws; and for other purposes.

:SB 567. By Senator McGill of the 24th:
A bill to amend an Act placing the sheriff of Warren County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the said officer; to repeal conflicting laws; and other purposes.

,SB 568. By Senator McGill of the 24th:
A bill to amend an Act creating a commissioner of roads and revenues of Warren County, as amended, so as to change the compensation of the commissioner and the clerk; to repeal conflicting laws; and for other purposes.

;SB 569. By Senator Starr of the 44th:
A bill to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the Ordinary of Clayton County; and for other purposes.

:SB 570. By Senator Starr of the 44th:
A bill to amend an Act creating the Clayton County Judicial Circuit, as amended, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint two assistant district attorneys; and for other purposes.
:HB 100. By Messrs. Murphy of the 19th, Paris of the 14th and others:
A bill to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemp tions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.
HB 255. By Mr. Henderson of the 117th:
A bill to amend an Act known as the "Voluntary Sterilization Act", so as to provide that it shall be lawful for any physician or surgeon, licensed to practice medicine and surgery in this State, to perform a sterilization procedure on any person, including a minor, either legally married or mentally competent or not, if requested in writing to do so by or on behalf of such person; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1203

HB 659. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to increase the amount of bonds which the authority may issue; and for other purposes.

HB 1226. By Mr. Barber of the 15th:
A bill 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 1030. By Messrs. Carnes of the 104th and Cooper of the llth:
A bill to revise, classify, consolidate and supersede the present JuvenileCourt Laws and to establish new laws relating thereto; and for other purposes.

HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia relating to elections,, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to> provide all of the necessary procedures connected with the foregoing;, and for other purposes.

HB 1615. By Messrs. Floyd, Higginbotham, Davis and Westlake of the 75th and others:
A bill to prohibit any real estate agent or broker from inducing or at tempting to induce for profit any person to sell or rent his dwelling by the use of representations that a person or persons of a particular race, color, religion or national origin are planning to rent or buy a house, apartment or other abode in the neighborhood; and for otherpurposes.

HB 1651. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to prevent discrimination on account of race, creed, color or na tional orgin in connection with the education of the children of the State of Georgia; to make provisions relative to the assignment and attendance of students; and for other purposes.

1204

JOURNAL OF THE SENATE,

HB 1318. By Mr. Atherton of the 117th:
A bill to authorize certain counties and municipalities to levy and impose certain excise taxes; and for other purposes.

HB 1589. By Messrs. Felton and Hawes of the 95th:
A bill to amend Code Section 26-506, relating to multiple prosecution for same conduct, so as to require an accused to make a pretrial motion for single prosecution before several crimes arising out of the same conduct must be prosecuted in a single prosecution; and for other pur poses.

HB 1224. By Mr. Games of the 104th:
A bill to amend an Act providing for a pension and retirement sys tem for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any posi tion in the government of such city; so as to eliminate the restriction upon officers or employees receiving pensions when contracted with as an independent contractor to perform a special or particular service; and for other purposes.

HB 1225. By Mr. Games of the 104th:
A bill to amend an Act approved August 13, 1924, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and so as to eliminate the restriction upon officers or employees receiving pensions when con tracted with as an independent contractor to perform a special or particular service; and for other purposes.

HB 1309. By Mr. Hill of the 94th:
A bill to amend Code Section 84-410.0, relating to the provisions ap plicable to apprentices and the supervision of students learning the occupation of bartering, so as to provide that a barber shop may have two apprentices; and for other purposes.

HB 1342. By Messrs. Hargrett of the 58th, Scarlett of the 67th, Douglas of the 42nd and others:
A bill to create the Georgia Commission for the Development of the Altamaha River Basin; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1205

HB 1359. By Messrs. Bennett of the 71st, Jones of the 50th, Paris of the 14th, Jordan of the 55th and others:
A bill to provide for an Assistant District Attorney in each Judicial Circuit having more than one Superior Court Judge; to provide for his appointment and duties; and for other purposes.

HB 1460. By Mr. Lambert of the 25th:
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 provide that such levy shall not be assessed upon or collected from any practitioner who is employed by the United States; and for other purposes.

HB 1480. By Mr. Busbee of the 61st:
A bill to amend an Act known as the "Statewide Probation Act", so as to provide that all officials, personnel and employees of the State Board of Probation, except members of the State Board of Probation, shall be under the State Merit System; and for other purposes.

HB 1506. By Mr. Dickinson of the 118th:
A bill to amend Code Section 109A-2-318, relating to third party bene ficiaries of express or implied warranties of goods, so as to provide that lack of privity between the plaintiff and defendant shall be no defense in any action brought against the manufacturer or seller; and for other purposes.

HB 1532. By Mr. Collier of the 54th:
A bill to amend, consolidate and supersede several Acts of the State of Georgia pertaining to the City of Dawson in the County of Terrell, and to provide a new charter therefor; and for other purposes.

HB 1534. By Messrs. Black and Edwards of the 45th:
A bill to create the Kinchafoonee Lake Authority as an instrumentality of the State of Georgia; and for other purposes.

HB 1535. By Mr. Adams of the 100th:
A bill to amend an Act known as the "Children and Youth Act", so a& to provide that nothing in this Act shall be construed to apply to privatehomes or private day care centers; and for other purposes.

1206

JOURNAL OF THE SENATE,

HB 1609. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal government for the City of Rome, so as to change the name of the recorder's court; and for other purposes.

HB 1622. By Mr. Busbee of the 61st:
A bill to amend an Act creating the State Board of Examiners of Plumb ing Contractors, so as to 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 quali fications is presented to and accepted by the Board on or before January 1, 1971; and for other purposes.

HB 1627. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act incorporating the City of Riverdale, in the County of Clayton, so as to change the date of elections in said City; and for other purposes.

HB 1628. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and the Clerk of the Superior Court of Clayton County; and for other purposes.

HB 1629. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating the Civil and Criminal Court of Clayton County, so as to change the compensation of the Judge and Solicitor of said court; and for other purposes.

HB 1630. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commis sioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

HB 1631. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act creating a Board of Commissioners of Clayton County, so as to empower the Board of Commissioners by resolution to authorize the Sheriff's Department or the Clayton County Police De partment to remove any abandoned motor vehicle found upon any street in Clayton County; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1207

HB 1632. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; and for other purposes.

HB 1633. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act placing the coroner of Clayton County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the coroner; and for other purposes.

HB 1634. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating a Board of Commissioners for Clayton County, so as to authorize the Board of Commissioners to create districts in the unincorporated areas of Clayton County for the purpose of estab lishing and maintaining within such districts a system of street lights; and for other purposes.

HB 1635. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to provide for staggered terms of office for the members of the board; and for other purposes.

HB 1636. By Messrs. Connell and Dent of the 79th, DeLong and Sherman of the80th, and Maxwell of the 78th:
A bill to amend an Act creating a board of commissioners of Richmond County, so as to provide that Richmond County shall provide a recreation program throughout the county and available to all residents of said county; and for other purposes.

HB 1637. By Messrs. Connell and Dent of the 79th, DeLong of the 80th, and Maxwell of the 78th:
A bill to amend an Act creating a board of commissioners of Richmond County, so as to provide that Richmond County shall provide through out the county a system of animal control; and for other purposes.
HB 1640. By Messrs. Harris, Parrar, Thomason and Levitas of the 77th, Vaughn and Jordan of the 74th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur,, so as to change the corporate limits of the City of Decatur; and for other purposes.

1208

JOURNAL OP THE SENATE,

HB 1642. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act establishing the City Court of Floyd County, so as to change the name of said court to the State Court of Floyd County; and for other purposes.

HB 1645. By Messrs. Cooper, Wood and Williams of the llth:
A bill to amend an Act placing the sheriff of Dawson County on an annual salary, so as to provide that the governing authority of Dawson County shall be responsible for furnishing automobiles to the sheriff to be used by him in the official performance of the duties of his office; and for other purposes.

HB 1646. By Messrs. Wood, Williams and Cooper of the llth:
A bill to amend an Act creating a Board of Commissioners of Hall County, so as to authorize the Board of Commissioners to fix the fiscal year of said County for accounting purposes and to require the annual audit to be made within three months after the end of the fiscal year; and for other purposes.

HB 1647. By Messrs. Nunn and Peterson 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 1653. By Messrs. Bell and Morris of the 73rd, Thomason, Levitas of the 77th and others:
A bill to fix the compensation of the solicitors of the Civil and Criminal Courts of certain counties; and for other purposes.

HB 1654. By Mr. Bray of the 31st:
A bill to amend an Act creating a Board of Commissioners of Meriwether County, so as to change the time of the election of the commissioners; and for other purposes.

HB 1657. By Messrs. Hawes, Cook, Felton and Horton of the 95th, and others:
A bill to amend an Act creating the Civil Court of Atlanta, so as to pro vide for the pleadings and rules of practice and procedure in certain cases; and for other purposes.

HB 1658. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to increase the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of

WEDNESDAY, FEBRUARY 18, 1970

1209

Upson County"; to increase the compensation of the other members of said Board; and for other purposes.

HB 1659. 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 empower the mayor and council of said City to appoint the Tax Commissioner of Upson County; and for other purposes.

HB 1660. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to place the sheriff of Upson County upon an annual salary", so as to increase the compensation of the chief deputy sheriff; and for other purposes.

HB 1661. By Messrs. Caldwell and Smith of the 39th:
A bill to alter and amend the several laws creating and establishing the Board of Commissioners for the County of Upson so as to confer upon said Board the power and authority to exercise, by ordinances, rules, regulations or resolutions, police power to protect the public and body politic; and for other purposes.

HB 1662. By Mr. Ballard of the 23rd:
A bill to create the Newton County Water Authority and to authorize such Authority to acquire, construct, operate and maintain projects embracing sources of water supply and the sale of water to individuals and municipal corporations; and for other purposes.

HB 1671. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act placing the clerk of the superior court of Worth County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of said officer; and for other purposes.

HB 1672. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act placing the Ordinary of Worth County on a salary basis in lieu of the fee system, so as to change the compensation of the said officer; and for other purposes.

HB 1673. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Temple, so as to change the corporate limits of said City; and for other purposes.

1210

JOURNAL OF THE SENATE,

HB 1676. By Messrs. Rainey and Bowen of the 47th:
A bill to repeal an Act placing the sheriff of Worth County upon an annual salary, so as to provide for compensating the sheriff by an annual salary; and for other purposes.

HB 1678. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County, so as to change the compensation of the clerical assistant of the tax commissioner; and for other purposes.

HB 1690. By Messrs. Sweat and Dixon of the 65th:
A bill to abolish the present mode of compensating the ordinary of Clinch County, known as the fee system; and for other purposes.

HR 641. By Mr. Jones of the 59th:
A resolution authorizing the conveyance of real property located in Liberty County; and for other purposes.

HR 682. 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 the tax imposed on the sale and use of the Holy Bible and Testaments until the next meeting of the Gen eral Assembly; and for other purposes.

HR 683. 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 sales tax on certain tangible personal property purchased outside the State of Georgia and subse quently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General Assembly; and for other purposes.

HR 684. 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 penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation paid thereon on or before April 21, 1969, until the next meeting of the General Assembly; and for other purposes.

HR 685. 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 sales tax on fares and charges

WEDNESDAY, FEBRUARY 18, 1970

1211

collected by publicly or privately owned urban transit systems for the transportation of passengers until the next meeting of the General As sembly; and for other purposes.

HR 686. 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 sales tax on the sale of food to certain private non-profit, accredited elementary schools until the next meeting of the General Assembly; and for other purposes.

HR 687. 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 the Georgia tax levied upon leases of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein until the next meeting of the General Assembly; and for other purposes.

HR 688. 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 taxes imposed by the sales 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 703. By Messrs. Dickinson of the 118th, Johnson of the 29th, DeLong of the 80th and others:
A resolution authorizing and directing the Director of the Department of Public Safety to arrange the work schedules of State Patrolmen in such a fashion that each patrolman is required to work only a five-day work week; and for other purposes.

HR 733. By Mr. Rush of the 51st:
A resolution changing the name of the Gordonia Altamaha State Park to the "Brown Thrasher State Park, Reidsville, Georgia"; and for other purposes.

HR 810. By Messrs. Maxwell, Miles and Simkins of the 78th, Sherman and DeLong of the 80th and Dent of the 79th:
A resolution proposing an amendment to the Constitution so as to au thorize the Board of Commissioners of Richmond County to establish districts for the purposes of erecting, establishing, maintaining and operating street lights within said county; and for other purposes.

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JOURNAL OF THE SENATE,

HE 812. By Messrs. Mason and Nash of the 13th:
A resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to divide said county into districts for certain public purposes and to impose and collect taxes, fees, and charges therefor; and for other purposes.

HE 813. By Messrs. Harrington and Chandler of the 34th:
A resolution authorizing the State Properties Control Commission to amend the December 10, 1969, lease contract between State Properties Control Commission and Baldwin County Board of Education, so as to delete and remove the portion of land that is described in and is being leased by virtue of the said lease contract; and for other purposes.

HE 814. By Mr. Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes; and for other purposes.

HE 825. By Messrs. Wilson, McDaniell, Kreeger and Atherton of the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Marietta Development Au thority; and for other purposes.

HE 841. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Clinch County by the people; and for other purposes.

HE 843. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County, and to provide that the governing authority of Ware County shall establish and maintain a county police force; 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:

WEDNESDAY, FEBRUARY 18, 1970

1213

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 579. Do not pass.
HR 636. Do not pass. Respectfully submitted, 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 Govern ment 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 214. Do pass.

HB 1090. Do pass. HB 1480. Do pass. HB 1561. Do pass. HR 641. Do pass. HR 668. Do pass. HR 672. Do pass.

Respectfully submitted, Smith of 18th District, Chairman.

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 bill of the Senate and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SB 541. Do pass. Respectfully submitted, Andrews of 49th District, Chairman.

1214

JOURNAL OP THE SENATE,

Senator Chapman of the 32nd District, Chairman of the Committee OIL 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 1535. Do pass. Respectfully submitted, Chapman of 32nd 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 resolutions of the Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:

SR 305. Do pass. SR 321. Do pass. SR 312. 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 consideration the following bill of the House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:

HB 1384. Do pass. '

Respectfully submitted Pincher of 51st District, Chairman.

WEDNESDAY, FEBRUARY 18, 1970

1215

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 1342. Do pass by substitute. HB 1375. Do pass. HB 1373. Do pass by substitute. HB 1670. Do pass. HB 1515. 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 bills and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 349. Do pass.

HB 1509. Do pass.

HR 703. Do pass.

Respectfully submitted,

Hensley of 33rd 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 consideration the following bills of the House and has instructed me, as Chair-

1216

JOURNAL OF THE SENATE,

man, to report the same back to the Senate with the following recommenda tions :

HB 1324. Do pass.

HB 1325. Do pass.

Respectfully submitted, Fincher of 51st 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 and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :

HB 1282. Do pass. HB 1390. Do pass. HR 39. Do pass. HR 694. Do pass.

Respectfully submitted, Spinks of 9th 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 48. Do pass. SB 49. Do pass. HB 1251. Do pass as amended. HB 1318. Do pass by substitute. HB 1370. Do pass.

WEDNESDAY, FEBRUARY 18, 1970

1217

HB 1456. Do pass. HB 1521. Do pass by substitute.
Respectfully submitted, Holley of 22nd 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HR 683. Do pass. HR 684. Do pass. HR 685. Do pass. HR 686. Do pass. HR 687. Do pass. HR 688. Do pass. HR 519. Do pass. HR 707. Do pass. HR 722. Do pass. HB 100. Do pass as amended. HB 1156. Do pass. HB 1196. Do pass. HB 1197. Do pass.

Respectfully submitted, Holley of 22nd District, Chairman.

Senator Chapman of the 32nd District, Chairman of the Committee on Health and Welfare, submitted the following report:

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JOURNAL OF THE SENATE,

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 1309. Do pass.
HB 255. Do pass.
Respectfully submitted,
Chapman of 32nd District,
Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
HB 1495. Do pass as amended. HB 1499. Do pass by substitute. HB 1532. Do pass as amended.
Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 550. Do pass as amended. Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting Chairman of the Committee on County and Urban Affairs, submitted the following report:

WEDNESDAY, FEBRUARY 18, 1970

1219

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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 565. Do pass. SB 566. Do pass. SB 567. Do pass. SB 568. Do pass. SB 569. Do pass. SB 570. Do pass. HB 1437. Do pass as amended. HB 1438. Do pass as amended. HB 1439. Do pass as amended. HB 1440. Do pass as amended. HB 1442. Do pass as amended. HB 1630. Do pass as amended. HB 1671. Do pass as amended.
Respectfully submitted, Brown of 47th District, Acting Chairman.

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 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 533. Do pass.
HB 847. Do pass.
Respectfully submitted, Holloway of 12th District, Chairman.

1220

JOURNAL OF THE SENATE,

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

HB 1610. By Mr. DeLong of the 80th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to define the jurisdiction and powers of said court; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1610 by striking from line 9 on page 19, the following: "three thousand seven hundred thirty-four ($3,734.00) dollars",
and by inserting in lieu thereof the following: "four thousand three hundred forty-five dollars and ninety-two
cents ($4,345.92)".
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 1578. By Messrs. Kreeger, Wilson and McDaniell 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 change the corporate limits of said city; and for other purposes.

Senator Hensley of the 33rd offered the following amendment:

WEDNESDAY, FEBRUARY 18, 1970

1221

Amend HB 1578 by inserting in line 13 of page 1 between the words "councilmen" and "to" the following:

"to change the compensation of the members of the Gas Board;".

By renumbering Section 4 as Section 5, and by inserting following Section 3 a new Section 4 to read as follows:

"Section 4. Said Act is further amended by striking from the sixth from the last sentence of Section 46-D the following:

'thirty ($30.00)'

and substituting in lieu thereof the following:

'fifty ($50.00)',

so that when so amended, said sentence shall read as follows:

'The members of such board shall receive such compensation and remuneration as shall from time to time be fixed by the mayor and council of the City of Austell which shall not be less than tmenont(h$.1'"0.00) dollars nor more than fifty ($50.00) dollars per

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 1552. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the Tax Commis sioner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ment :

1222

JOURNAL OF THE SENATE,

Amend HB 1552 by renumbering Section 6 as Section 7, and by in serting following Section 5 a new Section 6 to read as follows:

"Section 6. The provisions of this Act shall become effective on January 1, 1973."

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 1565. By Messrs. Higginbotham, Floyd and Davis of the 75th and others:
A bill to change the compensation of the judges of the juvenile courts 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 judges of the juvenile courts in certain counties; 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. In all counties of this State having a population of not less than 250,000 and not more than 500,000, according to the United States decennial census of 1960 or any future such census, the judges of the juvenile courts in such counties shall be compensated in an amount which is equal to eighty percent (80%) of the total State salary and local supplement to the State salary received by the senior judge of the superior court of the county in which the juvenile court is located.
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

WEDNESDAY, FEBRUARY 18, 1970

1223

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 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.

HB 1522. By Mr. Funk of the 92nd:
A bill to incorporate the City of Savannah Beach, Tybee Island; to create a new charter for said City; to provide the corporate boundaries of said City; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1522 (1) By striking Section 38 (f) where it appears on page 20, lines 2 through 10 and substituting in lieu thereof the following:
"(f) The City Council may prescribe by ordinance a penalty for failure to make return or report of property for taxation within the time prescribed; provided, such penalties shall not exceed twenty-five (25%) percent of the tax owned on such property; and such penalty so provided and fixed, shall be a lien upon property of the taxpayer who defaulted in making the return as required, and shall be collected in the same manner as City Taxes."

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.

1224

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 as amended.

SB 531. By Senator Johnson of the 38th:
A bill to amend an Act granting to incorporated municipalities of this State having a population of more than 300,000, according to the last or any future federal decennial census, certain basic powers, including powers to require the repair, closing or demolition of certain dwellings, buildings or structures; and for other purposes, so as to provide that the provisions of said Act shall also apply to private property where an accumulation of weeds, trash, junk, filth shall create a public health hazard or a general nuisance to those persons residing in the vicinity; and for other purposes.

The report 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 559. By Senator Fincher of the 51st: A bill to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, as amended, so as to change the compensation of the commissioner of 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
SB 560. By Senator Fincher of the 51st: A bill to amend an Act placing the sheriff of Cherokee County and the clerk of the superior court of Cherokee County on a salary system,

WEDNESDAY, FEBRUARY 18, 1970

1225

as amended, so as to change the compensation of the sheriff's deputies and the 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 bill, the ayes were 47, nays 0.

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

HB 1186. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating a new charter for the City of Perry, so as to provide that after the 1970 general election, the general election in the City of Perry shall be conducted in each odd-numbered year; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1523. By Messrs. McClatchey of the 113th, Winkles of the 96th, Geisinger of the 72nd and others: A bill to prescribe a maximum outside width for certain buses used for the purpose of providing transportation services in counties of this State having a population in excess of 256,000; to provide that such buses may not be operated on the National System of Interstate and Defense High ways; to provide a definition of "Urban Transit Systems"; and for other purposes.
The report 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.

,1226

JOURNAL OF THE SENATE,

HB 1154. By Messrs. Ware, Mullinax, Blalock and Potts of the 30th and Phillips of the 38th:
A bill to amend an Act creating a new charter for the City of West Point, in the County of Troup, so as to change the corporate limits of the City of West Point; and for other purposes.

The report 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 1473. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Worth County, so as to change the compensation of said 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 47, nays 0.

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

HB 1530. By Mr. Dickinson of the 118th:
A bill to change the corporate limits of any municipality in this State having a population of not less than 4,440 nor more than 4,470; and for other purposes.

The report 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, FEBRUARY 18, 1970

1227

HB 1531. By Mr. Shanahan of the 8th:
A bill to create a new Board of Education of Gordon County; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1544. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for McDuffie 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 1545. By Messrs. Johnson and Phillips of the 29th:
A bill to create and establish a Small Claims Court in and for Glascock 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 1548. By Messrs. Matthews and Bostick of the 63rd:
A bill to provide that the County of Colquitt shall be divided into five districts, and that one member of the Colquitt Board of Education shall be elected from each such district; and for other purposes.

1228

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 47, nays 0.

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

HB 1553. By Mr. Grahl of the 40th:
A bill to amend an Act creating the Board of Commissioners of Crawford County, so as to change the compensation of the members 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 47, nays 0.

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

HB 1554. 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 provide for a base salary for the newly-elected sheriffs and their 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 47, nays 0.

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

HB 1555. By Mr. Grahl of the 40th:
A bill to amend an Act placing the Clerk of the Superior Court of Craw ford County upon an annual salary, so as to provide for a base annual salary with annual raises for four years; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1229

The report 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 1556. By Mr. Grahl of the 40th:
A bill to amend an Act fixing the compensation of the Treasurer of Crawford County, so as to change the compensation of said Treasurer; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1557. By Mr. Grahl of the 40th:
A bill to amend an Act abolishing the fee system of compensation for the Ordinary of Crawford County and providing in lieu thereof an annual salary, so as to provide for a base salary for each newly-elected Ordinary of Crawford 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 1563. By Messrs. Mauldin and Milford of the 12th: A bill to amend an Act creating a Board of Commissioners of Roads and Revenues of Banks County, so as to change the provisions relating to the election of members of said Board of Commissioners; and for other purposes.

1230

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 47, nays 0.

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

HB 1577. By Messrs. Kreeger and Wilson of the 117th:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to authorize the Board of Education of the City of Marietta to establish a medical and hospitalization insurance program for certain personnel subject to the jurisdiction 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 1579. By Mr. Kreeger of the 117th:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the day of the annual election; to increase the compensa tion 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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1580. By Messrs. Kreeger, Wilson, McDaniell, Housley, Burruss, Atherton and Henderson of the 117th: A bill to amend an Act creating the Cobb Judicial Circuit, so as to authorize the district attorney to employ an additional part-time assist-

WEDNESDAY, FEBRUARY 18, 1970

1231

ant district attorney who shall be assigned to the Juvenile 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 47, nays 0.

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

HB 1581. By Mr. Kreeger of the 117th:
A bill to amend an Act establishing a new charter for the City of Acworth so as to provide for penalties for violations of any ordinance, rules and regulations of said city; to provide for installation and con struction of improvements; and for other purposes.

The report 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 1582. By Mr. Colwell of the 5th:
A bill to create the Towns 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 47, nays 0.

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

HB 1583. By Mrs. Merritt and Mr. Parker of the 46th:
A bill to reincorporate the Town of Marshallville and to make same a city; and for other purposes.

1232

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 47, nays 0.

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

HB 1584. By Mr. Pafford of the 64th:
A bill to abolish the present mode of compensating the ordinary of Lanier 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 47, nays 0.

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

HB 1585. By Mr. Pafford of the 64th:
A bill to create a new board of education of Lanier 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 1588. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, so as to change the salary of the coroner; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1233

The report 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 1590. By Messrs. Vaughn and Jordan of the 74th:
A bill to amend an Act amending, revising, and enlarging the charter for the City of Conyers, so as to change the mode of electing the mayor and aldermen and their terms of office; and for other purposes.

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

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1592. By Messrs. Salem and Rush of the 51st:
A bill incorporating the City of Lyons, so as to change the number of votes of the councilmen required to override the veto of the mayor of any ordinance, order, or resolution of the council; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.

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

HB 1596. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act changing the method of selecting the members of the Board of Education of Miller County, so as to provide for the com pensation of the chairman and members of the Board of Education; and for other purposes.

1234

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 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1597. By Messrs. Conger and Griffin of the 68th: A bill to amend an Act placing the sheriff of Decatur County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 47, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1600. By Messrs. Salem and Rush of the 51st: A bill to amend an Act incorporating the City of Santa Clause, so as to change the name of said City; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, Tvas 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 1608. By Mr. Kreeger of the 117th: A bill to amend the charter of the City of Powder Springs in the County of Cobb, so as to create a new charter for said city; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

WEDNESDAY, FEBRUARY 18, 1970

1235

On the passage of the bill, the ayes were 47, nays 0.

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

HB 1611. By Messrs. Nunn and Peterson of the 41st:
A bill to repeal an Act incorporating the municipality of Elberta; and for other purposes.

The report 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 1614. By Mr. Jones of the 59th:
A bill to amend an Act providing for the compensation of the sheriff and! clerk of the superior court of Liberty County, so as to change the com pensation 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.

HB 1619. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act abolishing the fee system of compensating the Sheriff of Marion County, so as to change the provisions relating to the compensation of the Sheriff and deputy sheriff; and for other purposes.

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

1236

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 1620. By Messrs. Edwards and Black of the 45th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Marion 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.
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 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", ap proved April 28, 1969 (Ga. L. 1969, p. 880), so as to change the appro priations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House has rejected the report of the second Committee of Conference on the following bill of the Senate, to-wit:
SB 281. 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 drivers' licenses; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

123T

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

SB 543. By Senator Andrews of the 49th: A bill to provide for a procedure in the settlement of tort cases involving the claims of minors; and for other purposes.
The report 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 456. By Senator Doss of the 52nd: A bill to amend an Act relating to the creation of Juvenile Courts in certain counties, as amended, so as to delete the provisions relating to the referral of cases to such Courts involving the custody of a child or children arising out of divorce or habeas corpus proceedings; and for other purposes.
The report 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 1085. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Department of Public Safety, so asto change the rank and pay of the Driver's License Bureau Supervisor; and for other purposes.

The report 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.

1238

JOURNAL OF THE SENATE,

HB 1114. By Messrs. Cooper and Wood of the llth and Matthews of the 63rd:
A bill to amend an Act regulating the sanitary conditions of meat, poul try and dairy processing plants, so as to change the licensing require ments for poultry processing plants; and for other purposes.

The report 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 1096. By Messrs. Simkins of the 78th, Sherman of the 80th, Barfield of the 71st and Maxwell of the 78th:
A bill to amend an Act entitled the "Motor Vehicle Certificate of Title Act", so as to provide for the issuance of certificate of title for salvage military or government surplus vehicles, trucks or trailers, and industrial vehicles, trucks and trailers; and for other purposes.

The report 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:

HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 so as to change the appropriations and provi sions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Smith of the 18th moved that the Senate insist on its substitute to HB 1100.

WEDNESDAY, FEBRUARY 18, 1970

1239-

On the motion, the ayes were 31, nays 0; the motion prevailed, and the sub stitute to HB 1100 was insisted upon.

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

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.
The Committee on Agriculture and Natural Resources offered the following substitute:
A BILL
To be entitled an Act to be known as the Georgia Plant Food Act of 1970 to designate the Commissioner of Agriculture as the enforcing official of the Act; to authorize use of employees of the Georgia Depart ment of Agriculture in administration of the Act; to define certain words and terms used in the Act; to provide for registration of brands and grades of commercial fertilizer; to establish requirements for an application for registration; to establish a registration fee for brands and grades of certain specialty fertilizers; to provide for licensing of registrants; to establish an annual license fee; to establish a deadline for payments of such fees; to authorize revocation of licenses after notice and public hearing for violation of any provision of this Act or any rules and regulations adopted by the Commissioner of Agriculture; to require labeling of fertilizer distributed in Georgia in containers; to establish requirements for labels; to provide requirements for labeling of bulk fertilizer; to establish inspection fees and to exempt certain size packages; to require monthly reports of sales; to provide a penalty for failure to file reports and pay fees; to authorize revocation of registra tions and licenses for failure to pay assessed penalty within six months; to establish responsibility for reporting sales and paying fees; to provide for sampling, inspection, analysis and testing of commercial fertilizers; to authorize entry upon property for such purpose and to require accessto pertinent records; to authorize Commissioner to provide methods of analysis and sampling; to require deficiency determinations to be based on official sample; to establish investigational allowances in testing commercial fertilizer; to establish penalties for plant food deficiency; to provide a penalty for shortage in found commercial value; to establish a penalty for deficiency in water insoluble nitrogen; to provide penalty for excessive chlorine content of fertilizer branded for tobacco; to pro vide penalty for deficiency in nitrate nitrogen; to authorize the Com missioner, by regulation, to establish penalties for deficiencies or excesses of certain other constituents; to establish deadline for payment of pen alties and to authorize revocation of licenses for failure to pay; to authorize assessment of penalty against distributor instead of regis-

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trant where distributor alters contents; to establish minimum plant nutrient content and provide for certain exceptions; to define misbranding; to require monthly tonnage reports of sales or copies of invoices to be filed with the Commissioner and to establish a time for filing; to establish and require payment of a penalty for short weight; to authorize purchaser to require weighing by certified weigher; to authorize issue and enforcement of "Stop Sale, Use or Removal" orders for violations of this Act; to authorize seizure condemnation and dispo sition of non-complying commercial fertilizer; to make volations of this Act or Rules and Regulations issued hereunder a misdemeanor and authorize prosecution and punishment therefor; to exempt sales or ex changes between registrants; to provide for injunctions and restraining orders in case of violation of this Act or Rules and Regulations promul gated hereunder; to require non-resident registrants to comply with the License and Permit Act; to authorize Commissioner to determine whether ingredients contribute to plant growth and take appropriate action; to authorize adoption of regulation requiring guaranteed analysis in the elemental form; to prohibit requiring both oxide and elemental labeling; to authorize issuance and enforcement of Rules and Regulations here under; to provide for severability; to repeal the Georgia Fertilizer Act of 1960 and any laws in conflict herewith; to establish an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. This Act shall be known as the Georgia Plant Food Act of 1970.
Section 2. Enforcing Official. This Act shall be administered by the Commissioner of Agriculture of the State of Georgia, hereinafter re ferred to as the Commissioner, and in such administration he may use any employee of the Department of Agriculture of the State of Georgia.
Section 3. Definitions of words and terms when used in this Act.
A. The term "commercial fertilizer" means any substance con taining one or more recognized plant nutrient(s) which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated ani mal and vegetable manures, marl, lime, limestone, wood ashes, soil conditioners and other products exempted by regulations of the Commissioner.
B. A "fertilizer material" is a commercial fertilizer which either:
(1) Contains important quantities of no more than one of the primary plant nutrients--nitrogen (N), phosphoric acid (P 2 Os) and potash (K 2 O), or
(2) Has approximately 85 per cent of its plant nutrient content present in the form of a single chemical compound, or

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(3) Is derived from a plant or animal residue or by-prod uct or a natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.

C. A "mixed fertilizer" is a commercial fertilizer containing any mixture of more than one fertilizer material.

D. A "specialty fertilizer" is a commercial fertilizer distributed primarily for non-farm use such as, but not limited to, home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries.
E. The term "bulk fertilizers" means commercial fertilizer dis tributed in a non-package form.
F. The term "brand" means a term, design or trademark used in connection with one or more grades of commercial fertilizer.
G. Guaranteed Analysis.
(1) The term "guaranteed analysis" shall mean the mini mum percentage of primary plant nutrients claimed in the fol lowing order and form: sources may be shown.
Total Nitrogen (N) _._________________________.__.....Percent Available Phosphoric Acid (PaOs) ___________.__Percent Soluble Potash (K 2 O) ._.____________.........____,,__.Percent
(2) Secondary and/or micro plant nutrients, if claimed, shall be guaranteed in the elemental form in the following order, and shall be a part of the guaranteed analysis. Sources of the element must be shown:
Ca Calcium ___________________,,______________________________ % S Sulfur _______________________.,,___________________... % Mg Magnesium _______________________________________________% B Boron ___________________________,,___________% Co Cobalt ________________________________________________% Cu Copper ----__-_-____-___________________.____________% Fe Iron ____----_------______----_,,____________________% Mn Manganese .-__________.___________________% Mo Molybdenum ,,___________________________________,,% Na Sodium ____________.,,...._._.._____.__________ % Zn Zinc _______-_____________________________________% Cl Chlorine ___________________________._________________ %

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Specialty fertilizers may be exempted from the requirements that the source of the above elements must be shown, by regu lations adopted by the Department of Agriculture.

(3) The addition of non-nutritive products to commercial fertilizer shall be considered separately and individually and such additions shall be subject to the rules and regulations cov ering such products.

(4) For unacidulated mineral phosphatic materials and basic slag, the term guaranteed analysis shall include both total and available phosphoric acid (P20s) and the degree of fineness. For bone, tankage and other organic phosphatic materials the term shall include total phosphoric acid.

H. The term "grade" means the percentage of total nitrogen (N), available phosphoric acid (PsOs) and soluble potash (K2O), stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis, provided however, that fertilizer material may be guaranteed in whole numbers or fractional units.

I. The term "official sample" means any sample of commercial fertilizer taken by the Commissioner or his agent and designated "official" by the Commissioner or his agent. Such official sample shall be taken, insofar as is applicable, in accordance with the sampling methods as adopted by the Association of Official Ana^ lytical Chemists and the Association of American Plant Food Control Officials or such other method as deemed necessary by the Commis sioner to ascertain the contents and quality of the fertilizer.

J. The term "ton" means a net weight of two thousand pounds avoirdupois.

K. The term "unit" of plant nutrient means 20 pounds or one percent of a ton.

L. The term "percent" or "percentage" means parts per 100 by weight.

M. The term "person" includes an individual, partnership, asso ciation, firm or corporation or any combination thereof.

N. The term "distributor" means any person who sells, barters, or otherwise supplies commercial fertilizer in this State.

O. The term "distribute" means to offer for sale, sell, ex change, barter or otherwise supply, or make available commercial fertilizers.

P. Words importing the singular number may be extended and be applied to several persons or things and words importing the plural number may include the singular.

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1243

Q. The term "registrant" means the person who registers and guarantees commercial fertilizer under the provision of this Act.

R. The term "mobile mixing equipment" shall mean any compartmented equipment used to mix two or more plant nutrients not previously mixed at time of application. The use of mobile mixing equipment is prohibited except as authorized by the Com missioner in writing in special cases.

S. The term "lot" shall mean that amount of commercial fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient de ficiencies and penalties under the provisions of this Act, the word "lot" shall mean that amount of fertilizer included in a single delivery invoice, and the entire amount of fertilizer sold or delivered pursuant to the invoice, and the entire amount of fertilizer sold or delivered pursuant to the invoice covering said delivery shall be deemed deficient and subject to the penalties provided by law, pro vided, that at least 20 percent of said delivery is on hand at the time the official sample is drawn.
T. Unmanipulated manures are the excreta of animals or fowl when not artificially mixed with any material or materials other than those which have been used for bedding, sanitary or feeding purposes for said animals or fowl or for the preservation of the manure.
U. The term "investigational allowance" means those tolerances necessary to compensate for variations inherent in the method of sampling, preparation and analysis of an official sample of com mercial fertilizer.
V. The term "commercial" value as used in this Act means the assessed average retail values per unit of plant nutrient in dollars and cents. Such assessed values shall be established by the Commissioner of Agriculture annually, and may be established without a hearing except where objections are filed thereto. In the event written objections are filed within 20 days after establish ment of such values, the objectors shall be afforded a hearing in accordance with the Administrative Procedure Act and the ef fective date of such values shall be postponed pending the outcome of such hearing. The assessed values as established by the Com missioner shall be used in computing' the dollar rates of penalties as provided in this Act. The commercial value as established in accordance with this Act is provided as a guide in determining the actual value of the product and shall not in any manner attempt to fix, regulate or control the sales price of commercial fertilizer or fertilized material.
W. The term "plant nutrient" means that portion of a commerical fertilizer recognized by the Georgia Department of Agricul ture as being agronomically useful in promoting plant growth.

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(1) Primary plant nutrients include total nitrogen (N), available phosphoric acid (PzQa) and water soluble potash (K20) or any combination of these substances.

(2) A secondary and/or micro plant nutrient is any ele ment or substance, useful in promoting plant growth other than the primary plant food nutrients herein above defined.

X. The term "label" means the written, printed, or graphir matter on or attached to the container, or, in the case of bulk fertilizer, accompanying the lot of the commercial fertilizer.

Section 4. (A) Each brand and grade of commercial fertilizer offered for sale, sold or distributed in this State shall be registered. The application for registration shall be submitted to the Commissioner on forms furnished by the Commissioner. Upon approval by the Com missioner a copy of the registration and a registration number series shall be furnished the applicant. The application shall include the following information:

(1) The net weight. (2) The brand and grade. (3) The guaranteed Analysis. (4) The sources from which all plant nutrients are derived, if guaranteed, claimed or advertised. (5) The name and address of the registrant.

(B) A registrant shall not be required to re-register any commercial fertilizer which is already registered under this by another registrant provided the label does not differ in any respect.

(C) Such registration shall be considered permanent un less a change in or deviation from the information filed with the Commissioner changes such registration. The addition of varying amounts of secondary and/or micro plant nutrients or authorized pesticides to a registered fertilizer grade shall not require a separate registration, unless such addition changes the guaranteed analysis of the registered grade. A registrant shall not be required to register each grade of commercial fertilizer prior to sale when formulated according to specifica tions which are furnished by a consumer prior to mixing, but shall register such grades by the 15th day of the month follow ing date of sale.

(D) All brands and grades of specialty fertilizer offered for sale, sold or distributed in this State in packages of 10 pounds or less in weight shall be registered annually at a fee of $50.00.

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(E) Any person, wishing to become a registrant, shall before engaging in such business secure a license or a renewal thereof from the Commissioner of Agriculture. The application for such license shall be on forms furnished by the Commission er submitting such information as the Commissioner may pre scribe, at an annual fee in accordance with the following schedule:

Tonnage Volume of Fertilizer Registrant
0-5,000 Tons 5,001-25,000 Tons
More than 25,001 Tons

License Fee $ 50 $100 $200

A new registrant shall pay a license fee of $50.00. There after the fee shall be based on the tonnage volume of such registrant in accordance with the above scale. The tonnage shall be determined from the monthly tonnage reports filed by the registrant with the Commissioner in accordance with this Act. Said license must be renewed annually and fees shall be paid by the first day of July of each calendar year. Such license may be revoked for cause after due notice and public hearing for a violation of any provisions of this Act or any rules or regulations adopted by the Commissioner.
Section 5. Labeling (A) All commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the follow ing information:

(1) The net weight.

(2) The brand and grade.

(3) The guaranteed analysis.

(4) The name and address of the registrant. Where the product is not actually mixed by the registrant, the name of the registrant on the label may be further qualified by either of the following statements:
1. Made for ----____,,___,,,,..----_._.____.._........._.....Name of registrant.
2. Distributed by ___--__...---__.-----...__..._.________________Name of registrant.
(B) If distributed in bulk, a written or printed statement of the information required by items (1), (2), (3), and (4) of paragraph (A) of Section 5 shall accompany delivery and be supplied to the purchaser at time of delivery.
Section 6. Inspection Fees. (A) There shall be paid to the Commis sioner for all commercial fertilizer sold or distributed in this State an

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inspection fee at the rate of 30 cents per ton, provided, that sales or ex changes between registrants are hereby exempted. Sales of commercial fertilizer in packages of 10 pounds or less shall not be subject to the inspection fee of 30 cents per ton as provided in this Act.

(B) Every registrant who distributes a commercial fertilizer in this State shall:

File with the Commissioner, on forms furnished by the Commis sioner, a monthly statement for the periods ending the last day or the last accounting day of each month, setting forth the number of net tons of commercial fertilizer distributed in this State during such month on or before the 15th day of the month following the report period, and upon such statement shall pay the inspection fee at the rate stated in paragraph (A) of this section. A monthly report shall be required even if no shipments are made. If the ton nage report is not filed and the payment of inspection fee is not paid, if due, by the 15th of the month following due date, a collec tion fee in the amount of 10 percent, with a minimum fee of $10.00, of the amount shall be assessed against the registrant. If after the second month after the due date, and after due notification by certi fied or registered mail to the registrant, the penalty is not paid, it shall double each month for a maximum of six months. If such an assessed penalty shall remain unpaid for six months, this shall con stitute cause and reason for the revoking of all registrations and licenses. The amount of fees shall constitute a debt and become the basis for legal action against the registrant to be collected by the Commissioner.

When more than one person is involved in the distribution of a commercial fertilizer the registrant who finally distributes to a non-registrant shall be responsible for reporting the tonnage and paying the inspection fees.

Section 7. Inspection, Sampling, Analysis. (A) It shall be the duty of the Commissioner, who may act through his authorized agent, to sample, inspect, make analyses of, and test commercial fertilizers dis tributed within this State at any time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this Act. The Commissioner, individually or through, his agent, is authorized to enter upon any public or private business premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this Act and the rules and regulations pertaining thereto, and to the records relating to their distribution.

(B) The methods of analysis and sampling shall be those adopted by the Commissioner by regulations from sources such as the Association of Official Analytical Chemists.
(C) The Commissioner, in determining for administrative pur poses whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in Section 3 I of this Act.

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(D) The results of official analysis of commercial fertilizers and portions of official samples shall be distributed by the Commis sioner as provided in the regulations.

Section 8. Plant Food Deficiency. (A) Penalty for nitrogen, PiO 5 and K2<D--If the official sample shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant foods (N, PaOs, KaO) beyond the investigational allowances hereinafter set forth, the penalty shall be 10 percent of the sale price plus two times the difference in the found commercial value and the guaranteed commercial value.

Where there may be no deficiency in primary plant foods (N, KaO) and where the found commercial value of the sample is not at least 97 percent of the assessed commercial value of the guaranteed ingredients, the penalty for lot sampled shall be four times the differ ence between the found commercial value and the assessed commercial value of the guaranteed ingredients.

Notwithstanding any provisions of this section, the investigational allowances for the primary ingredients listed below shall be as follows:

Nitrogen (N)
Phosphoric Acid (Pa 65) Potash (K 2 O)

Guaranteed Percentage
0-- 4 5--9 10 -- 19 20 -- 29 30 --
0-- 5 6 -- 10 11 --
0--6 7 -- 12 13 -- 20 21 --

Tolerance
.4 .5 .6 .7 .8
.6 .7 .8
.4 .7 1.0 1.3

(B) Water insoluble nitrogen : In grades where permitted water insoluble nitrogen shall be claimed and stated in the actual percent as present, the total of the water insoluble nitrogen plus all other forms of nitrogen claimed shall be equal to the total nitrogen claimed. If there is a deficiency of 20 percent or more of the water insoluble nitrogen, as claimed, a penalty of three times the commer cial value of the deficiency of water insoluble nitrogen shall be assessed.

(C) If the chlorine content of any lot of fertilizer branded for tobacco is more than .5 of one percent greater than the maximum amount guaranteed, a penalty shall be assessed equal to ten percent of the assessed commercial value of the guaranteed ingredients of the fertilizer for each additional 0.5 of one percent in excess, or fraction thereof.

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(D) Nitrate Nitrogen: A penalty of 5 percent of the commer cial value of the guaranteed nitrogen content shall be assessed if the deficiency shall exceed 10 percent of the claimed nitrate nitrogen.

(E) Deficiencies or Excesses in any other constituents covered under Section 3, paragraph G (2) and (3). An investigational allow ance amounting to 25 percent of the guarantee shall be allowed for any element not otherwise specified by law, provided that in no case shall the allowances exceed % unit of the particular plant food.

The Commissioner, by regulation, may prescribe a penalty for deficiencies and/or excesses of any other constituents covered by Section 3, paragraph G (2) and (3) or $5.00 per constituent, not to exceed $10.00 per ton.

(P) All penalties must be paid within 31 calendar days after notice of assessment is made, in a manner as set forth under rules and regulations. Failure to pay penalties within 60 days after notice shall be sufficient grounds for the revocation of the registrant's license.

(G) In the event a penalty is incurred as a result of a distribu tor altering the content of a commercial fertilizer shipped to him by a registrant in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the registrant, the Commissioner is hereby empowered to relieve the registrant of the liability for payment of the penalty and in lieu thereof assess the penalty against the distributor who altered the commercial fertilizer in the same manner and under the same con ditions as provided by this Act for assessing penalties against a registrant.

Section 9. Minimum Plant Nutrient Content. No superphosphate containing less than 18 percent available phosphoric acid (PaOs), nor any mixed fertilizer in which the guarantees for the nitrogen (N), avail able phosphoric acid (PzOs) and potash (K20) totals less than 20 per cent shall be distributed in this State except for complete fertilizers branded for use on tobacco. Such tobacco fertilizers shall be labeled in accordance with regulations specifically covering tobacco fertilizers. Cer tain specialty fertilizers for non-agricultural use may be permitted to deviate from the requirements of this paragraph, however, each brand and grade shall be submitted for registration prior to offering for sale, and its acceptance and registration shall be based on the merit of and intended use of the product; such products shall not deviate more than 10 percent from the minimum requirements as set forth above.

Section 10. Misbranding. No person shall distribute misbranded fer tilizer. A commercial fertilizer shall be deemed to be misbranded:

(1) If its labeling is false, or any misleading statements, oral or written, concerning its plant nutrient content are made in any advertising matter accompanying or associated with the commercial fertilizer.

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1249

(2) If it is not labeled as required in Section 5 of this Act and in accordance with regulations prescribed under this Act.

(3) If it purports to be or is represented as a commercial fer tilizer, or is represented as containing a plant nutrient or commer
cial fertilizer unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regula
tions of the Commissioner; in the adopting of such regulations the Commissioner shall give due regard to commonly accepted defini tions and official fertilizer terms such as but not limited to those issued by the Association of American Plant Food Control Officials.

Section 11. Tonnage Reports. Each person registering commercial fertilizer under this Act shall furnish the Commissioner with a confi dential statement of the net tons sold of each grade of fertilizer by county by him in this State for the monthly period ending the last day or last accounting day of each month. This and such other information as the Commissioner shall require by regulations shall be furnished on forms prescribed by the Commissioner. The tonnage of each grade sold during said period in packages weighing 10 pounds or less shall also be shown as a sub-total and included in the total tonnage. Such report shall be submitted at the same time as the reports required in Section 6 of this Act. In lieu of said monthly report, the registrant may have the option (upon application to and approval of the Commissioner) of sub mitting a copy of the invoice of shipments made to a non-registrant. The invoice copy shall be mailed to the Commissioner within 48 hours after delivery (less legal holidays and Sundays) and shall show the name and
county of the consignee together with the amount in tons, the grade and analysis of the commercial fertilizer sold, and any other information deemed necessary by the Commissioner for accurate tonnage reporting.

Section 12. Short Weight. (A) If any commercial fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the registrant of the commercial fertilizer, shall within 30 days after official notice from the Commissioner, pay to the consumer a pen alty equal to four times the value of the actual shortage. The refusal of a seller to permit weighing by certified public weigher shall result in a penalty equal to full amount of billing and such penalty shall be payable to the consumer.

(B) The Commissioner may, at his discretion, prescribe such rules and regulations as he may find necessary to insure ethical practices in the sale, delivery and return of commercial fertilizer,

(C) If, at the time of delivery of a commercial fertilizer the purchaser has doubt as to the invoiced weight, he may demand weighing by a certified public weigher. If found to be below the invoiced weight, the seller shall adjust the invoice to the true weight and the seller shall be liable for all costs incidental to the weighing. If found to be as invoiced or above, the seller may adjust the invoice to the true weight and the purchaser shall be liable for all costs incidental to the weighing. Such costs shall be calculated on the basis of one dollar ($1.00) per ton plus the weigher's fee.

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Section 13. Cancellation of Registration. The Commissioner is au thorized and empowered to cancel the registration of any brand or grade of commercial fertilizer or to refuse to register any brand of commercial fertilizer as herein provided, upon satisfactory evidence that the regis trant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this Act or any rules and regula tions thereunder: provided that no registration shall be revoked until the registrant shall have been notified of the time and place of the hearing and given an opportunity to appear and be heard by the Commissioner or his authorized representative.

Section 14. "Stop Sale Orders." The Commissioner may issue and enforce a written or printed "Stop Sale, Stop Use, or Removal" order to the owners or custodian of any lot of commercial fertilizer and to hold at a designated place where the Commissioner finds said commercial fer tilizer is being offered or exposed for sale in violation of any of the pro visions of this Act until the law has been complied with and said com mercial fertilizer is released in writing by the Commissioner or said violations have been otherwise legally disposed of by written authority. The Commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this Act have been complied with.

Section 15. Seizure, Condemnation and Sale. Any lot of commercial fertilizer not in compliance with the provisions of this Act, shall be subject to seizure on complaint of the Commissioner to the Superior Court of the County in which the commercial fertilizer is found. In the event the court finds the said commercial fertilizer to be in violation of this Act and orders the condemnation of said commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer, the interest of the parties and the laws of this State: provided, that in no instance shall the disposition of said com mercial fertilizer be ordered by the court without first giving the claim ant an opportunity to apply to the court for release of said commercial fertilizer in such manner as to bring it into compliance with this Act.

Section 16. Violations. (A) If it shall appear from the examination of any commercial fertilizer that any of the provisions of this Act or the rules and regulations isssued thereunder have been violated, the Com missioner shall cause notice of the violation to be given to the registrant, or person from whom said sample was taken and the person so notified shall be given an opportunity to be heard in accordance with the Admin istrative Procedure Act of Georgia, as amended. If it appears, after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this Act or rules and regulations issued there under have been violated, the Commissioner may certify the facts to the court having jurisdiction for prosecution for a misdemeanor.
(B) Any person convicted of violating any provisions of this Act or the rules and regulations issued thereunder shall be guilty of a misdemeanor and upon conviction shall be punished as provided by law.
(C) Nothing in this Act shall be construed as requiring the Commissioner to report for prosecution or for the institution of

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seizure proceedings as a result of violations of this Act when he believes that the public interest will be best served by other methods.

Section 17. Exchange between registrants. Nothing in this Act shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of commercial fertilizer to other registrants who mix fertilizer materials for sale or as preventing the free and unrestricted shipment of commercial fertilizer to registrants who have registered their brands as required by the provisions of this Act.

Section 18. Injunctions. In addition to the remedies provided herein and notwithstanding the existence of any adequate remedy at law and notwithstanding that said conduct shall constitute a crime, the Com missioner of Agriculture is hereby authorized to apply to the Superior Court and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction or an ex parte restraining order restraining or enjoining any person from violating or continuing to violate any of the provisions of this Act or for the failure or refusal to comply with the provisions of this Act or any rule or regu lations promulgated hereunder. Such injunction shall be issued without bond, and such action may be maintained notwithstanding the pendency of any criminal prosecution for the violation of any provision of this Act.

Section 19. Non-Resident Registrant. Every non-resident registrant shall at the time of registration and before selling or offering for sale his product or products in Georgia comply with all provisions of the Department of Agriculture Registration, License and Permit Act (Ga. Laws, 1966, p. 307).

Section 20. Ingredients. The Commissioner of Agriculture is hereby authorized to determine whether an ingredient listed on the label, or otherwise advertised as an ingredient, and used in the mixing of any commercial fertilizer, contributes to plant growth, and if any such ingredient is found to be worthless, harmful, or deceptive, to prohibit its use or require that it be deleted from the label.

Section 21. When the Commissioner finds, after public hearing, fol lowing due notice, that the requirements for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not im pose an economic hardship on the registrant or users of fertilizer by reason of conflicting labeling requirements among the states, he may require by regulations thereafter that the guaranteed analysis shall be in the elemental form. Provided, however, that the effective date of said regulation shall be not less than 12 months following the issuance there of. Dual labeling, using both the oxide and the element, shall at no time be permitted.

Section 22. Rules and Regulations. For the enforcement and imple mentation of this Act, the Commissioner is authorized to prescribe after public hearing following notice, and to enforce such reasonable rules and regulations relating to the distribution of commercial fertilizers as he may find necessary to carry into effect the full intent and meaning of this Act.

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Section 23. Constitutionality. If any clause, sentence, paragraph, or part of this Act shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair or invali date the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the con troversy in which such judgment shall have been rendered.

Section 24. The Georgia Fertilizer Act of 1960 (Ga. Laws 1960, p. 916), as amended is hereby repealed in its entirety and all laws and parts of laws in conflict with or inconsistent with the provisions of this Act are hereby repealed.

Section 25. Effective date. This Act shall take effect and be in force from and after the first day of July, 1970.

On the adoption of the substitute, the ayes were 29, nays 0, and the sub stitute was adopted.

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

On the passage of the bill, the ayes were 33, nays 0.

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

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.

The Committee on Health and Welfare offered the following amendment:
Amend HB 655 by striking from quoted Section 84-902, found in Section 2 of said bill, the following:
", but none of whom shall be connected in any way with any medical or osteopathic college"

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

WEDNESDAY, FEBRUARY 18, 1970

1253

The Committee on Health and Welfare offered the following amendment:

1. Amend HB 655 by deleting the present caption thereof in its entirety and inserting in lieu thereof a new caption to read as follows:

"A BILL
To be entitled an Act to amend Code Chapter 84-9, relating to medical practitioners, as amended, so as to add to the titles of those practicing medicine 'D.O.' and 'Doctor of Osteopathy'; to establish a Composite State Board of Medical Examiners and provide for twelve (12) members, two (2) of whom shall be Doctors of Osteopathy; to provide for the appointment of the twelve (12) member Board; to provide that the practice of osteopathy without a license from the Composite State Board of Medical Examiners shall not be prohibited if the person practicing does not exceed the practice engaged in at the time of passage of this Act and to provide for renewal of the licenses of such practitioners with fee to be established by the Board; to provide for one license for those holding M.D. or D. O. degrees; to provide a method whereby those presently licensed as Doctors of Osteo pathy may qualify and obtain a license from the Composite State Board of Medical Examiners; to require licenses granted by the Board to show the degree of the licensee on his diploma from the professional school he attended; to provide for display of such degree on licensee's stationery and displays; to include colleges of osteopathy and to provide that the Composite State Board of Medical Examiners shall be empowered to pass upon the standing of such colleges; to provide minimum preliminary educational requirements for colleges of osteopathy found to be in good stand ing by the Composite State Board of Medical Examiners; to pro vide for renewal fees to be established by the Board including limitation on fee for late payment; to expand the power of the Composite State Board of Medical Examiners to enjoin the illegal practice of medicine; to provide that osteopaths may avail them selves of the rights and benefits of the Voluntary Sterilization Act; to amend Code Chapter 84-12, relating to osteopaths, so as to limit the practice under any renewal of a license issued by the State Board of Osteopathic Examiners after December 31, 1971; to provide that after the passage of this Act no new licenses or licenses by comity to licentiates of other states shall be granted by the State Board of Osteopathic Examiners; to provide for renewal of licenses under Chapter 84-12 for the years 1970 and 1971 only; to provide for repeal of Chapter 84-12 effective January 1. 1972; to provide for immediate effectiveness of other provisions of this Act; to repeal conflicting laws; and for other purposes."
2. Delete Section 4 thereof in its entirety and insert in lieu thereof a new Section 4 to read as follows:
"Section 4. Said Code Chapter is further amended by striking Section 84-906 in its entirety and inserting in lieu thereof a new Section 84-906 to read as follows:

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'84-906. Practice of medicine without license prohibited; ex ceptions.--If any person shall hold himself out to the public as being engaged in the diagnosis or treatment of disease or injuries of human beings, or shall suggest, recommend or prescribe any form of treatment for the palliation, relief or cure of any physical or mental ailment of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift, or compensa tion whatsoever, or shall maintain an office for the reception, examination or treatment of diseased or injured human beings, or shall attach the title "M.D.", "Oph.", "D.", "Dop.", "Surgeon", "Doctor", "D.O.", or "Doctor of Osteopathy", either alone or in connection with other words, or any other word or abbreviation to his name indicative that he is engaged in the treatment of diseased, defective or injured human beings, and shall not in any of these cases then possess in full force and virtue a valid license to practice medicine under the laws of this State, he shall be deemed to be practicing medicine without complying with the provisions of this Chapter, and in violation thereof. Nothing in this Chapter shall be construed to prohibit gratuitous service in cases of emergency, nor the practice of the religious tenets or general beliefs of any church whatsoever; nor to permanently located opticians at their established places of business not prescribing or using drugs or medicines, nor requiring a fee for examination or attaching to their names titles indicative that any such person is engaged in the practice of medicine as defined in this Chapter, nor shall it apply to commissioned surgeons of the United States Army, Navy or Public Health Service while so engaged, nor to an individual appointed as an intern or accepted for specialty or residency training in a hospital approved by the Board, to the extent re quired by the duties of his position or by his program of training, for a period of two (2) years and for such additional period as the Board, by application may determine, nor to regularly licensed physicians called in consultation from other States or territories to attend to special cases in this State, nor to the practice of dentistry, nor to the practice of midwifery or nursing.

Nothing in this Chapter shall be construed as preventing any person holding a valid license as a Doctor of Osteopathy at the time of the passage of this Act from engaging in the practice of osteo pathy as the same was practiced by such person at said time subject to annual renewal of his license beginning January 1, 1972, by the Board at the same rate provided for the renewal of full practice licenses. Such limited renewal licenses shall not authorize the practice of obstetrics or surgery other than the minor suturing of cuts.' "

3. Delete Section 5 thereof in its entirety and insert in lieu thereof a new Section 5 to read as follows:
"Section 5. Said Code Chapter is further amended by striking Section 84-907 in its entirety and inserting in lieu thereof a new Section 84-907 to read as follows:
'84-907. License to practice medicine; how obtained; qualifica tions of applicants.--Any person wishing to obtain the right to

WEDNESDAY, FEBRUARY 18, 1970

1255

practice medicine in this State, who has not heretofore been registered or licensed to do so, either by the State Board of Medical Examiners or the State Board of Examiners in Osteopathy, shall, before it shall be lawful for him to practice medicine in this State, make application to the composite State Board of Medical Examiners through the Joint-Secretary, State Examining Boards, upon such form and in such manner as shall be adopted and pre scribed by the Board, and shall obtain from the Board a license to do so. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice, and if he shall practice medicine without first having obtained such a license, he shall be deemed to have violated the provisions of this Chapter. All applicants for a license to practice medicine or for a renewal of any such license which has been revoked shall furnish the Board with evidence of good moral character. Applications from candidates to practice medicine or surgery in any of its branches shall be accompanied with proof that the applicant is a graduate of one of the two colleges of medicine now existing in the State of Georgia, or from some other legally incorporated medical college, osteopathic college, or institution in good standing with the Board; provided, however, that the Board shall, before approving any medical or osteopathic college not already approved by it on or before the effective date of this Act, make an adequate inspection or evaluation thereof and a determination that such college meets the standards of colleges approved by the Board on or before the effective date of this Act; and provided, further that nothing herein shall prevent the licensing of graduates of medical schools outside of the United States without such inspection under such rules as the Board may promulgate.

Any such graduate, either before or after completing a year's training as an intern as required by the next paragraph of this Section, shall be eligible to stand any regular examination given by the Board for a license to practice medicine in this State. How ever, before such person shall be eligible to receive a license to practice medicine in this State, he shall furnish the Board with satisfactory evidence of attainments and qualifications under the provisions of this Section and the rules and regulations of the Board. Nothing contained in this Section shall be construed so as to require a person who has previously passed an examination given by the Board for a license to practice medicine in this State to stand another examination.

If the applicant submits proof that he has had one (1) year of training as an intern in a hospital internship program approved by, and in good standing with, the Board, or in a hospital intern ship located in another State in which such hospital internship program is approved by, and in good standing with, the Board, and if he furnishes satisfactory evidence of attainments and qualifications under the provisions of this Chapter and the rules and regulations of the Board, he shall be eligible to receive a license from the Board giving him absolute authority to practice medicine in this State; provided, however, that the Board shall, before approving any internship program not already approved by it on or before the effective date of this Act, evaluate or inspect

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such internship program and determine that such internship pro gram meets the standards of programs approved by the Board on or before the effective date of this Act.'"

4. Delete Section 6 thereof in its entirety and insert in lieu thereof a new Section 6 to read as follows:

"Section 6. Said Code Chapter is further amended by adding a new Code Section to said Chapter to be known as Section 84-907.1 to read as follows:

'84-907.1. License to practice medicine, licensed osteopaths.-- Any person who holds a valid license to practice osteopathy in this State at the time of the passage of this Act shall be entitled, as a matter of right, to obtain a full practice license under this Chapter upon exhibiting satisfactory evidence to the Board prior to January 1, 1972, of completion of a post-graduate program ap proved for such purpose by the Board and after examination or evaluation by the Board of such person.'"

5. Change the number of present Section 11 to Section 12 and change each of the subsequent Sections by adding one to the number thereof and add a new Section 11 to read as follows:

"Section 11. Said Code Chapter is further amended by strik ing Section 84-914 and inserting in lieu thereof a new Section 84-914 to read as follows:

'84-914. License fees and licenses by reciprocity.--There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for a license by examination, who is a resident of Geor gia, a fee of $20, or a fee of $50 for nonresident applicant for a license by examination, which shall accompany the application. The same fee shall be charged for issuing a temporary license, which shall include fee for examination for permanent license; and a fee of $100 shall be charged for issuing a license by recipro city. No part of any fee shall be returnable under any circum stances; nor shall this Chapter be construed as affecting or chang ing in any way laws in reference to license taxes to be paid by
physicians and surgeons.

The Board of Medical Examiners may grant a license without examination to licentiates of boards of other States requiring equal or higher qualifications, upon the same basis as such States reciprocate with the State of Georgia, all upon the following terms
and conditions:

(a) If the date of the license from the boards of such other States is on or before January 1, 1967, no proof of interning in an approved hospital need be submitted to obtain a license from the board giving the applicant absolute authority to practice medicine in this State;

WEDNESDAY, FEBRUARY 18, 1970

1257

(b) The applicant shall prove to the satisfaction of the Board of Medical Examiners that the applicant has graduated from a medical or osteopathic college approved by the Board of Medical Examiners on the date of application for the purposes of this Chapter, provided that the applicant shall not be granted a license by reciprocity if the date of such applicant's graduation from such medical or osteopathic college shall have occurred prior to July 1, 1963, unless such medical or osteopathic college was ap proved for the purposes of this Chapter by the Board of Medical Examiners as of the date of such graduation;

(c) If the date of the license from the board of such other
State is after April 18, 1967, the applicant shall submit proof that he has had one year of training as an intern in a hospital in good standing with the Board or in a hospital of another State, if the standards of such hospital are approved by the Board, in which event the Board shall grant the applicant a
license from the Board giving the applicant absolute authority to practice medicine in this State; provided that, if the date of completion of such internship program occurred prior to July 1, 1963, the Board shall not grant such license by reciprocity (except as allowed pursuant to the final proviso of this subsection) unless the internship program was approved by the Board as of the date of completion of such internship program by the applicant and provided further, however, the Board may, in its discretion, waive the requirements of this subsection after determining that an applicant licensed to practice medicine in another State which does not require an internship has been actively engaged in the practice of medicine in such other State for at least two (2)
years.' "

6. Delete present Section 15 thereof in its entirety and insert in lieu thereof a new Section which will be Section 16 to read as follows:

"Section 16. Code Chapter 84-12, relating to osteopaths, as amended, is hereby amended by adding a new Section to be known as Section 84-1212 to read as follows:

'84-1212. No further licenses under this Chapter after the passage of this Act. The Board of Osteopathic Examiners shall not grant any new licenses. Licenses in good standing under this Chapter at the time of passage of this Act may be renewed for the years 1970 and 1971 only under the provisions of Section 84-1207 upon payment of the fee in compliance with the require ments of that Section, and the State Board of Osteopathic Ex aminers shall remain in existence for the purpose of all other functions bestowed upon it by this Chapter except the examination of new applicants and the issuance of new licenses under this Chapter until December 31, 1971. No new licenses shall be granted by comity to licentiates of other States pursuant to the provisions of Section 84-1208 after the passage of this Act.' "
7. Delete present Section 16 thereof in its entirety and insert in lieu thereof a new Section which will be Section 17 to read as follows:

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"Section 17. Effective January 1, 1972, Code Chapter 84-12, relating to osteopaths, as amended, is repealed in its entirety."

Senator Chapman of the 32nd offered the following amendment to Com mittee Amendment No. 2:
Amend by inserting on Page 7 line 8 following the word "Board" the words "Consisting of not less than 36 hours at one of the two medical colleges in the State."

On the adoption of the amendment, the ayes were 30, nays 0, and the amendment to Committee Amendment No. 2 was adopted.

On the adoption of Committee Amendment No. 2, the ayes were 33, nays 0, and Committee Amendment No. 2 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 33, nays 1.

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

The following resolution of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SR 304. By Senators Plunkett of the 30th, Webb of the llth, Cox of the 21st and others:
A resolution ratifying and approving the nineteenth Amendment to the Constitution of the United States of America; 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 Chair called for the ayes and nays, and the call was sustained.

WEDNESDAY, FEBRUARY 18, 1970

1259

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 Hensley Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Noble Pennington Plunkett Reeder Reynolds Riley

Rowan Scott 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 constitutional majority, was adopted.

Senator Webb of the llth moved that SR 304 be immediately transmitted to the House.

On the motion, the ayes were 33, nays 0; the motion prevailed, and SR 304 was immediately transmitted to the House.

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:

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HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", ap proved April 28, 1969 (Ga. L. 1969, p. 880), so as to change the appro priations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof:

Messrs. Busbee of the 61st, Ployd of the 7th, and Murphy of the 19th.

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

HB 1168. By Messrs. Barfield and Reaves of the 71st:
A bill to be entitled an Act to amend Code Section 21-105, relating to fees paid Coroners, so as to change the compensation of the coroner in certain counties; and for other purposes.

The Conference Committee report was as follows:
The Conference Committee on HB 1168 recommends the following:
That the Senate and House both recede from their positions and adopt the attached substitute.
Respectfully submitted: For the Senate Rowan of 8th Abney of 53rd Eldridge of 7th
For the House of Representatives Bennett of 71st Barfield of 71st Lee of 61st
A BILL
To be entitled an Act to change the compensation of the coroner in certain counties; to authorize the board of commissioners or other

WEDNESDAY, FEBRUARY 18, 1970

1261

governing authority in certain counties to fix the compensation of the sheriff of any such county within a certain salary range; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. In all counties of this State having a population of not less than 47,500 and not more than 49,500, according to the United States decennial census of 1960 or any future such census, the coroner shall receive an annual salary of eighteen hundred dollars ($1,800.00), payable in equal monthly installments out of the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, moneys and all other emoluments and perquisites of what ever kind which shall be allowed the coroners of such counties. All such fees, costs, commissions, allowances, moneys and all other emoluments and perquisites of whatever kind shall become the property of such counties and shall be paid to the fiscal officer of such counties at least once a month.

Section 2. In all counties of this State having a population of not less than 47,500 and not more than 49,500, according to the United States decennial census of 1960 or any future such census, the board of commissioners or other governing authority of such counties shall be authorized to fix the salary of the sheriff of any such county in an amount not less than fifteen thousand dollars ($15,000.00) per annum and not more than sixteen thousand five hundred dollars ($16,500.00) per annum. Said salary shall be payable in equal monthly installments
out of the funds of any such county.

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.

Senator Rowan of the 8th moved that the Senate adopt the Conference Committee report on HB 1168.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the Conference Committee report on HB 1168 was adopted.

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

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th and others:
A bill to create the South Fulton Coliseum Authority; to repeal con flicting laws; and for other purposes.

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The House substitute was as follows:

A BILL

To be entitled an Act to amend an Act establishing a new Charter for the City of East Point in Pulton County, Georgia, approved August 19, 1912 (Ga. L. 1912, pp. 862, et seq.), and the several Acts amendatory thereof, especially an Act approved March 5, 1957, amending the Charter of said city (Ga. L. 1957, Vol. II, pp. 2429, et seq.), as amended and for other purposes", so as to create a new facility and agency of said city to be known as the East Point Coliseum Authority; to authorize the Authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects, embracing buildings and facilities to be used for amusement, recreational, civic, cultural, religious, and educational purposes, including fairs, expositions, exhibits, conventions, public meetings or gatherings, concerts, theatre, and athletic events, and to acquire, construct, and equip all property and things necessary or convenient for the purposes of any such project and the acquisition, construction, maintenance, and operation thereof; to confer powers, including among others, the power of eminent domain, and to impose duties on the Authority; to designate the members of the Authority; to authorize the Authority to execute leases and contracts for the use of any such projects and facilities; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents, charges, fees, and earnings or other funds of the Authority to pay the cost of any such projects; to authorize the collecting and pledging of revenues and other funds and assets of the Authority for the payment of such bonds and for the cost of operating, maintaining and repairing any such projects; to authorize the execution of trust and security instruments and encumbrances of the Authority's property to secure the payment of such bonds, to provide rights for the owners of such bonds; to pro vide that such bonds shall not constitute a debt of the State nor of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for the validation of such bonds and the security therefor; to fix the venue and jurisdiction of actions relating to any provisions of this Act; to provide an effective date for this Act; to provide for the severability of the provisions of this Act; to repeal all laws and parts of laws in conflict herewith; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Declaration of Need. It is hereby declared that there exists in Fulton County and contiguous counties a need for an Authority to function without profit in developing and promoting for the public good in this State the cultural growth, public welfare, education, and recreation of the people of this State.
Section 2. Creation of Authority. There is hereby created a public body corporate and politic to be known as the East Point Coliseum Authority, which shall be an instrumentality and a public corporation of the State of Georgia.

WEDNESDAY, FEBRUARY 18, 1970

1263

Section 3. Purpose. Any funds realized by said Authority shall be expended for, and the purpose of the Authority shall be the development and promotion in Fulton County and contiguous counties of public proj ects for the cultural growth, public welfare, education, and recreation of the people of this State, including the acquisition and construction of a building or buildings, which shall be and hereby are declared to be public buildings, and related facilities to be used for amusement, recreational, civic, cultural, religious or educational purposes or a combination thereof' including fairs, expositions, exhibitions, conventions, public meetings or gatherings, concerts, theatre, and athletic events, and the purchase of lands, easements, rights in land, and franchises for the construction of such facility or facilities and for use in connection therewith.

Section 4. Members, (a) The Authority shall consist of the follow ing six members who shall be eligible to succeed themselves and whose terms of office as members of the Authority shall expire on the dates shown following their names:

R. E. Anderson E. Alton Reeves, Jr. D. L. Claborn William L. Miller Ernest W. Keappler Merv M. Jenkins

May 1, 1974 May 1, 1974 May 1, 1975 May 1, 1975 May 1, 1976 May 1, 1976

(b) Appointments to fill vacancies on the Authority by reason of expiration of term or otherwise shall be made by the governing body of the City of East Point. Such governing authority may act to fill vacan cies caused by the expiration of term before the vacancy occurs. Follow ing the initial appointments to the Authority hereby made, the first appointment for one of the terms expiring May 1, 1974, shall be for three years, and the appointment for the other term expiring May 1, 1974, shall be for four years; the first appointment for one of the terms expiring May 1, 1975, shall be for four years, and the appointment for the other term expiring May 1, 1975, shall be for five years; the first appointment for one of the terms expiring May 1, 1976, shall be for five years, and the appointment for the other term expiring May 1, 1976, shall be for six years. Thereafter, all appointments shall be for terms of six years, except that the appointment of any person selected to fill any unexpired term at any time shall be only for the remainder of such term, and, after the first expiration of each term as prescribed in Section 4(a), hereof, any appointment to fill any unexpired portion of such term shall be made by the governing body of the political subdivision which made the appointment for the term in which the vacancy then exists.

(c) The members of the Authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act.

(d) The Authority shall elect one of its members as Chairman and one as Vice-Chairman, and shall elect a Secretary and a Treasurer, or a

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Secretary-Treasurer, who may but need not necessarily hold membership on the Authority. Such officers shall serve for such terms as shall be prescribed by the rules of the Authority or until their successors are elected and qualified.

(e) Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority at every meeting, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize, validate, sell and issue revenue bonds.

(f) The members of the Authority shall not be entitled to compen

sation for their services, but may be reimbursed by the Authority for

their actual expenses properly incurred in the performance of their

duties. Each member of the Authority shall hold office until his succes

sor shall have been appointed and qualified. The Authority shall make

rules and regulations for its own government and may retain, employ,

and engage professional and technical supervisors, assistants, and ex

perts and other agents and employees, temporary or permanent, as it

may require. The members of the Authority shall be accountable in all

respects as trustees, and the Authority shall keep suitable books and

records of all its obligations, contracts, transactions, and undertakings,

,

and of all income and receipts of every nature and all expenditures of

every kind.

Section 5. Public Property. It is hereby found, determined, and de clared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity, and all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the public general welfare in matters of cultural devel opment, education, pleasure, and recreation of the public at large, in an effort to better the general condition of society, or that considerable portion of society residing in Fulton County and contiguous counties, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be non-taxable for any and all purposes. The exemption from taxation herein provided shall not include exemption from sales and use tax on tangible personal property and services purchased by the Authority or for use by the Authority.

Nothing in this Act or this Section shall prohibit, inhibit or be inconsistent with the leasing or use of Authority properties by private persons, corporate, individual or otherwise, when in the sole judgment of the Authority the general public purposes of the Authority will be furthered or supported by such lease or use of its property.

WEDNESDAY, FEBRUARY 18, 1970

1265-

Section 6. Powers. The Authority shall have all the powers neces sary or convenient to carry out and effectuate the purposes and provi sions of this Act, including, but without limiting the generality of the foregoing, the power:

(a) To adopt and alter a corporate seal.
(b) To acquire in its own name by purchase on such terms and con ditions and in such manner as it may deem proper or by exercise of the power of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use, rent, or lease the same as landlord or as tenant or as lessor or as lessee, or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. Title to such property, however, shall be held by the Authority only for the benefit of the public.
(c) To accept, receive, and administer gifts, grants, loans, appro priations, and donations of money, materials, and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency, department, authority, or instrumentali ty of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease,, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets.
(d) To borrow money for any of its corporate purposes and to issue revenue bonds payable from the earnings of the projects of the Authority execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof, and to provide for foreclosure or forced sale of any property of the Authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued.
(e) To contract with the State of Georgia and agencies, instrumen talities, departments, and political subdivisions thereof and with private persons and corporations in such manner as the legitimate'and necessary purposes of this Act shall authorize or require including contracts for construction and leasing, as lessor or as lessee, of its projects.
(f) To lease for any number of years up to a maximum of fifty (50) years for operation by others, any project hereafter established, provided the Authority shall have first determined that such lease will promote the cultural growth, public welfare, education and recreation of the people in the area served by the Authority by making additional facilities available in such area and the Authority shall have retained sufficient control over any project so leased as to insure that the lessee

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will not in any event obtain more than a reasonable rate of return on its investment in such project, which said reasonable rate of return, if and when realized by such lessee, shall not contravene or rebut in any way the non-profit nature of the operations of the Authority or the public nature and use of its properties.

(g) To construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage public projects including the erection in Pulton County and contiguous counties of a building or buildings which shall be and hereby are declared to be public buildings to be used for amusement, recreational, civic, cultural, religious, or educational purposes or a combination there of, including fairs, expositions, exhibitions, conventions, public meetings or gatherings, concerts, theatre, and athletic events, and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith, the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the Authority, and the title to such property to be held by the Authority only for the benefit of the public.

(h) To issue revenue bonds as authorized, defined and provided for in this Act and in the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, addition to, or extension of any such project. Such revenue bonds may be issued as fully negotiable coupon bonds payable to bearer and registerable as to principal or as to both principal and interest, or they may be issued in whole or in part in non-negotiable fully registered form without coupon, payable to a named payee or to the registered assigns of such payee with such conversion privileges as the Authority may provide. Such bonds shall not be subject to any interest limitation prescribed in said Revenue Bond Law.

(i) To issue revenue bonds to call, refund, or refinance in whole or in part all or any portion of the outstanding revenue bonds secured by the anticipated revenue of such project and to include in the amount of such refunding bonds all interest and any call premium that may be required for the redemption and refunding of such outstanding bonds.

(j) To do any and all things necessary or proper for the accom plishment of the objectives of this Act and any amendments hereto and to exercise any power usually possessed by private corporations perform ing similar functions which is not in conflict with the constitution and laws of this State.

(k) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds at a price of not more than the call price thereof and accrued interest. All bonds so purchased shall be cancelled and shall not be reissued.

Section 7. Powers Under Revenue Bond Law. In addition to the foregoing powers and subject to any limitations herein contained, the Authority shall have all the powers of municipalities under the pro-

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visions of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch 87-8, and shall have the power to expend from any funds available or to obligate itself to expend such sums as may be necessary for the survey, study, financ ing, construction, and completion of any such project and the placing of the same in operation.

Section 8. Credit of State not Pledged. Revenue bonds issued under provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political subdivision thereof,, but such bonds shall be payable from the rentals, revenues, and funds of the Authority as provided in the resolutions or trust agreements or indentures authorizing and securing the issuance and payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or receiver or trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any political subdivision thereof; nor shall any suck bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.

Section 9. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and asso^ ciations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, includ ing savings and loan associations, building and loan associations, invest ment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be autho rized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.

Section 10. Contracts Related to Projects. Any and all political sub divisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advis able; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertak ings for a term of up to fifty (50) years relative to the acquisition, construction or financing of any project or facilities of the Authority. As to any political subdivision, department, institution or agency of this State which shall enter into an agreement under the authority herein granted, the obligation to perform and fulfill such agreement shall con stitute a general obligation of such entity for which its full faith and credit shall be and is hereby pledged. Any such political subdivision which shall have entered into such a contract pursuant to the provisions

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of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby autho rized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and condi tions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such struc ture, building, or facilities constituting such project and none other.
Section 11. Revenue Bonds. The Authority shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or a combination of its projects. The principal of and interest on such revenue bonds shall be payable from and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall mature, and shall be payable as to both principal and interest as may be determined by the Authority within the terms of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, except as to any limitation as to interest which may be contained therein, and the bonds may be made redeemable before maturity at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in its resolution providing for the issuance of the bonds. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be deposited as may be directed in the resolution or trust instrument providing for the issuance of such bonds.
Section 12. Rental Revenue, (a) For the purpose of earning suffi cient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the cost of which shall include all elements of cost authorized by said Revenue Bond Law, as now or hereafter amended, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or projects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Authority;
(1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary

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repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless, such cost shall be otherwise provided for,

(2) To pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, including all elements of cost authorized by said Revenue Bond Law,

(3) To comply with any sinking fund requirement contained in the resolution or trust agreement or indenture pertaining to the issuance of and security for such bonds,

(4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged,

(5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready market ability of and low interest rates on such bonds, and

(6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees', counsel, and fiscal fees;

(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor and any such contract or lease may provide for the commencement of rental payments to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;
(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete recon struction, if necessary, the rented or leased premises and projects regard less of the cause of the necessity of such maintenance, repair, or re construction.
(d) Such rental contract or lease may obligate the tenants or lessees jto idemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the expense of the tenants otf lessees, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises.
(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Authority may enforce perfor mance by any legal or equitable process against the tenants or lessees, and consent is hereby given for the institution of any such action.

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(f) The Authority shall be permitted to assign any rental payments due or to become due to the Authority, pursuant to any such rental con tract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds.

(g) The use and disposition of the Authority's revenue shall be sub ject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, security the same.

Section 13. Pledge of Revenues. The revenues, rents, and earnings derived from any particular project or projects and any and all reve nues, rents, and earnings received by the Authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such oonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provisions may "be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the prin cipal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent or registrar for such bonds, and (4) any premium upon bonds retired upon call or purchase, and the use and dis position of any sinking fund may be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.
Section 14. Form of Bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State of Georgia.
Section 15. Trust Agreement. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge or assign rents, fees, charges, revenues, and earnings to be re ceived by the Authority and any proceeds which may be derived from the disposition of any real or personal property of the Authority or pro ceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of foreclosure of any security deed, mortgage or encumbrance and the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other

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costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and trust agreement or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and con struction of the project and to the custody, safeguarding, and application of all funds of the Authority, including any proceeds derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon, and covenants providing for the operation, maintenance, repair, and insurance of the project and may contain pro visions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of the cost of mainte nance, operation, and repair of the project affected by such trust.

Section 16. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall be brought in said court which shall have exclusive, original jurisdiction of such action.

Section 17. Validation of Bonds. All bonds of the Authority shall be confirmed and validated in the Fulton County Superior Court in accord ance with the procedure of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Authority and in the event the payments to be made by any political subdivision under a contract entered into between the Authority and such political subdivision are pledged as security for the payment of the bonds sought to be validated, such political subdivision shall also be made a party defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and condi tions thereof should not be adjudicated to be in all respects valid and binding upon such defendants. It shall he incumbent upon such de fendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Fulton County in which court such validation proceedings shall be initiated. Any citizen of the State of Georgia who may be affected by such bond or contract may intervene in the validation proceeding in accordance with the procedure prescribed in said Revenue Bond Law, and appeal from the judgment in said proceeding may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within the time prescribed by law or, if filed, the judgment shall be affirmed on appeal, the judgment of the Fulton County Superior Court so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive upon the issue of ih& validity and binding effect of such contracts and bonds and the security

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therefor and upon the issue of the validity and constitutionality of this and any other act pertaining to such contracts and bonds and the secur ity therefor against the Authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia.

Section 18. Irrevocable Contract. The Authority shall have perpetual existence, and, while any of the bonds issued by the Authority shall remain outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights of the owners of such bonds. The provisions of this Act shall be for the benefit of the State, the Authority, and every owner of the Authority's bonds and, upon and after the issuance of bonds under the provisions of this Act, shall constitute an irrevocable contract with the owners of such bonds.

Section 19. Trust Funds. All funds received pursuant to authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings or as gifts, grants, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided in this Act, and the bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the Authority.

Section 20. Construction. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes thereof.
Section 21. Powers Declared Supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. All the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, which are not in conflict herewith, shall be applicable hereto and to the bonds issued hereunder and to any resolu tion and trust instrument adopted and entered into to provide for the payment of such bonds and the interest thereon, and all bonds issued hereunder may be signed in accordance with the Signatures on Public (Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119. No interest limitation contained in said Revenue Bond Law shall be applicable hereto or to bonds issued hereunder.
Section 22. City May Contract. Among the powers of the governing authority of the City of East Point shall be the additional power and authority to implement the provisions of this Act and to perform such acts, including the power to contract with the East Point Coliseum Authority for the use of any facilities constructed, operated and main tained by said Authority.

Section 23. Change of Name of Authority. Should the governing authorities of the City of East Point or the East Point Coliseum Authority contract with any other municipality or political subdivision

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for the participation by said municipality or subdivision in the affairs and purposes of the East Point Coliseum Authority, the governing authorities of East Point by and with the consent of the Authority, shall have the right to change the name of said Authority to some other name which will identify said Authority geographically or by a combination of names with the area served by said Authority, and further may pro vide for the appointment of some of the members of the Authority, by the governing Authority of such other participating municipality or political subdivision.

Section 24. Publication of Notice. Notice of intention to apply for this local legislation has been given as required by law and attached hereto is a publisher's affidavit containing a copy of said notice. The General Assembly finds as a matter of fact that all requirements for the publication of Notice of intention to Apply for Local Legislation have been met fully.

Section 25. Severability. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions, and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circum stances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling.

Section 26. Effective Date. This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without his approval.

Section 27. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Smith of the 34th moved that the Senate agree to the House substi tute to SB 444 by the following substitute:
A BILL
To be entitled an Act to create the South Pulton Coliseum Author ity; to authorize the Authority to acquire, construct, improve, equip, alter, repair, operate, and maintain public projects in metropolitan Georgia, embracing buildings and facilities to be used for amusement, recreational, civic, cultural, and educational purposes, including fairs, expositions, exhibits, conventions, public meetings or gatherings, con certs, theatre, and athletic events, and to acquire, construct, and equip all property and things necesary or convenient for the purposes of such project and the acquisition, construction, maintenance, and operation thereof; to confer powers, including, among others, the power of eminent

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domain, and impose duties on the Authority; to designate the members of the Authority; to authorize the Authority and the various political subdivisions of the State to execute leases and contracts for the use of such projects and facilities; to authorize the issuance of revenue bonds of the Authority payable from the revenues, rents, charges, fees, and earnings or other funds of the Authority to pay the cost of such projects; to authorize the collecting and pledging of revenues and other funds and assets of the Authority for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects; to authorize the execution of trust and security instruments and encum brances of the Authority's property to secure the payment of such bonds; to provide rights for the owners of such bonds; to provide that such bonds shall not constitute a debt of the State nor of any political subdi vision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon along with all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of such bonds and the secur ity therefor; to fix the venue and jurisdiction of actions relating to any provisions of this Act; to provide an effective date for this Act; to pro^ vide for the severability of the provisions of this Act; to repeal all laws and parts of laws in conflict herewith; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:

Section 1. Declaration of Need. It is hereby declared that there exists in the metropolitan area of Georgia a need for an Authority to function without profit in developing and promoting for the public good in this State the cultural growth, public welfare, education, and recrea tion of the people of this State.

Section 2. Creation of Authority. There is hereby created a public body corporate and politic to be known as the South Fulton Coliseum Authority, which shall be an instrumentality and a public corporation of the State of Georgia.

Section 3. Purpose. Any funds realized by said Authority shall be expended for, and the purpose of the Authority shall be, the development and promotion in this State of public projects for the cultural growth, public welfare, education, and recreation of the people of this State, including the acquisition and construction of a building or buildings, which shall be and hereby are declared to be public buildings, and related facilities to be used for amusement, recreational, civic, cultural, or edu cational purposes or a combination thereof, including fairs, expositions, exhibitions, conventions, public meetings or gatherings, concerts, theatre, and athletic events, and the purchase of lands, easements, rights in land, and franchises for the construction of such facility or facilities and for use in connection therewith.

Section 4. Members, (a) The Authority shall consist of the follow ing six members who shall be eligible to succeed themselves and whose

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terms of office as members of the Authority shall expire on the dates shown following their names:

Mr. Kenneth E. Stearns Mr. L. Scott Watson Dr. Tom Morris Mr. William L. Miller Mr. Mitchell C. Bishop Mr. Ernest W. Keappler

May 1, 1974 May 1, 1974 May 1, 1975 May 1, 1975 May 1, 1976 May 1, 1976

(b) Appointments to fill vacancies on the Authority by reason of expiration of term or otherwise shall be made by the governing bodies of the political subdivisions contracting with the Authority pursuant to the provisions of Section 10, hereof. The order in which such political subdivisions shall fill such vacancies shall be the alphabetical order of their names, excluding such words as City or City Council of, County of, Mayor and Council of, Board of Commissioners of, and other similar words of designation or description which may be a part of the name of such political subdivision. Such political subdivisions may act to fill vacancies caused by the expiration of term before the vacancy oc curs. Following the initial appointments to the Authority hereby made, the first appointment for one of the terms expiring May 1, 1974, shall be for three years, and the appointment for the other term expiring May 1, 1974, shall be for four years; the first appointment for one of the terms expiring May 1, 1975, shall be for four years, and the appoint ment for the other term expiring May 1, 1975, shall be for five years; the first appointment for one of the terms expiring May 1, 1976, shall be for five years, and the appointment for the other term expiring May 1, 1976, shall be for six years. Thereafter, all appointments shall be for terms of six years, except that the appointment of any person selected to fill any unexpired term at any time shall be only for the remainder of such term, and, after the first expiration of each term as prescribed in Section 4 (a) hereof, any appointment to fill any unexpired portion of such term shall be made by the governing body of the political subdivision which made the appointment for the term in which the vacancy then exists.

(c) The members of the Authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act.

(d) The Authority shall elect one of its members as Chairman and one as Vice-Chairman, and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who may but need not necessarily hold member ship on the Authority. Such officers shall serve for such terms as shall be prescribed by the rules of the Authority or until their successors are elected and qualified.

(e) Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority at every meeting, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds.

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(f) The members of the Authority shall not be entitled to compen sation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. Each member of the Authority shall hold office until his suc cessor shall have been appointed and qualified. The Authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, and experts and other agents and employees, temporary or permanent, as it may require. The members of the Authority shall be accountable in all respects as trustees, and the Authority shall keep suitable books and records of all its obligations, contracts, transactions, and under takings, and of all income and receipts of every nature and all expendi tures of every kind.

Section 5. Public Property. It is hereby found, determined, and declared that the creation of the Authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity, and all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and government pur poses, that is, for the promotion of public general welfare in matters of cultural development, education, pleasure, and recreation of the public at large, in an effort to better the general condition of society, or that considerable portion of society residing in the principal area of popula tion of Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all pur
poses.

Section 6. Powers. The Authority shall have all the powers neces sary or convenient to carry out and effectuate the purposes and pro visions of this Act, including, but without limiting the generality of the foregoing, the power:

(a) To adopt and alter a corporate seal.
(b) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the power of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property neces sary or convenient for its corporate purposes and to use, rent, or lease the same as landlord or as tenant or as lessor or as lessee, or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. Title to such property, however; shall be held by the Authority only for the benefit of the public.

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(c) To accept, receive, and administer gifts, grants, loans, approp riations, and donations of money, materials, and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency, department, authority, or instrumental ity of either upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, authority, or instrumentality shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets.

(d) To borrow money for any of its corporate purposes and to issue revenue bonds payable from the earnings of the projects of the Authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for the payment of such revenue bonds and to provide for the payment of the same and for the rights of the owners thereof, and to provide for foreclosure or forced sale of any property of the Authority upon default either in payment of principal of or interest on such obligations or under any term of or condition pur suant to which such obligations were issued.

(e) To contract with the State of Georgia and agencies, instru mentalities, departments, and political subdivisions thereof and with private persons and corporations in such manner as the legitimate and necessary purposes of this Act shall authorize or require including con tracts for construction and leasing, as lessor or as lessee, its projects.

(f) To construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage public projects including the erection, in metropolitan Georgia, of a building or build ings which shall be and hereby are declared to be public buildings to be used for amusement, recreational, civic, cultural, or educational purposes or a combination thereof, including fairs, expositions, exhibi tions, conventions, public meetings or gatherings, concerts, theatre, and athletic events, and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith, the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the Authority, and the title to such property to be held by the Authority only for the benefit of the public.

(g) To issue revenue bonds as authorized, defined, and provided for in this Act and in the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, addition to, or extension of any such project. Such revenue bonds may be issued as fully negotiable coupon bonds payable to bearer and registrable as to principal or as to both principal and interest, or they may be issued in whole or in part in non negotiable fully registered form without coupons, payable to a named payee or to the registered assigns of such payee with such con version privileges as the Authority may provide. Such bonds shall not be subject to any interest limitation prescribed in said Revenue Bond Law.

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(h) To issue revenue bonds to call, refund, or refinance in whole or in part all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the amount of such refunding bonds all interest and any call premium that may be required for the redemption and refunding of such outstanding bonds.

(i) To do any and all things necessary or proper for the accomplish ment of the objectives of this Act and any amendments hereto and to exercise any power usually possessed by private corporations per forming similar functions which is not in conflict with the Constitution and laws of this State.

(j) To invest any accumulation of its funds and any sinking fund or reserves in any manner that public funds of the State of Georgia or its political subdivisions may be invested and to purchase its own bonds at a price of not more than the call price thereof and accrued interest. All bonds so purchased shall be cancelled and shall not be reissued.

Section 7. Powers Under Revenue Bond Law. In addition to the foregoing powers and subject to any limitations herein contained, the Authority shall have all the powers of municipalities under the provi sions of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, and shall have the power to expend from any funds available or to obligate itself to expend such sums as may be necessary for the survey, study, financing, construction, and completion of any such project and the placing of the same in operation.

Section 8. Credit of State not Pledged. Revenue bonds issued under provisions of this Act shall not constitute a debt or a pledge of the faith and credit of the State of Georgia or of any political sub division thereof, but such bonds shall be payable from the rentals, revenues, and funds of the Authority as provided in the resolutions or trust agreements or indentures authorizing or securing the issuance and payment of such bonds, and the issuance of such bonds shall not directly, indirectly, or contingently obligate the State or any political subdivision thereof to levy or pledge any form of taxation whatever for the payment thereof. No owner of any such bond or receiver o>r trustee in connection therewith shall have the right to enforce the payment thereof against any property of the State or of any political subdivision thereof nor shall any such bond constitute a charge, lien, or encumbrance, legal or equitable, upon any such property. All such bonds shall contain on their face a recital setting forth substantially the foregoing provisions of this section.

Section 9. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associa tions, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, in cluding; savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries

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and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.

Section 10. Contracts for Use of Projects. Said Authority may contract with any political subdivision or political subdivisions of this State for the payment of such rents, fees, and charges for the use by such subdivisions or the residents thereof of the project or projects and facilities of the Authority, and any such political subdivision shall have and hereby is given the right and power to make such contract, and the rentals contracted to be paid by the lessees or tenants to the Authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of such political subdivision for the payment of which the full faith and credit of such political subdivision may be pledged to provide the funds re quired to fulfill all obligations arising under any such contract. Any such political subdivision which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such, provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts re quired to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the con tracting political subdivision had included the amount of the appro priation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political sub division may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other.

Section 11. Revenue Bonds. The Authority shall have power and is hereby authorized to provide by resolution for the issuance of revenue bonds of the Authority for the purpose of paying all or any part of the cost of any one or a combination of its projects. The principal of and interest on such revenue bonds shall be payable from and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such. bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall mature, and shall be payable as to both principal and interest as

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may be determined by the Authority within the terms of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, except as to any limita tion as to interest which may be contained therein, and the bonds may be made redeemable before maturity at the option of the Authority at such price or prices and under such terms and conditions as may be fixed by the Authority in its resolution providing for the issuance of the bonds. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be deposited as may be directed in the resolution or trust instrument providing for the issuance of such bonds.
Section 12. Rental Revenue, (a) For the purpose of earning suf ficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the cost of which shall include all elements of cost authorized by said Revenue Bond Law, as now or hereafter amended, the Authority is authorized and empowered to fix, revise, and collect rents, fees, and charges on each project which it shall cause to be acquired or constructed. Such rentals, fees, or charges to be paid for the use of such project or proj ects shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Authority:
(1) To pay the cost of operating, maintaining, and repairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be otherwise provided for,
(2) To pay the principal of and interest on such revenue bonds as the same shall become due, including premium, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects, including all elements of cost authorized by said Revenue Bond Law,

(3) To comply with any sinking fund requirement contained in the resolution or trust agreement or indenture pertaining to the is suance of and security for such bonds,

(4) To perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged,

(5) To accumulate any excess income which may be required by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or indenture or of achieving ready marketability of and low interest rates on such bonds, and

(6) To pay any expenses in connection with such bond issue or such project or projects including but not limited to trustees, counsel, and fiscal fees;

(b) Such rental shall be payable at such intervals as may be agreed upon and set forth in the rental contract or lease providing therefor

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1281

and any such contract or lease may provide for the commencement of rental payments to the Authority prior to the completion of the under taking by the Authority of any such project, and it may provide for the payment of rental during such times as such project or projects may be partially or wholly untenantable;

(c) Such rental contract or lease may obligate the tenants or lessees to operate, maintain, and keep in good repair, including complete reconstruction, if necessary, the rented or leased premises and proj ects regardless of the cause of the necessity of such maintenance, repair, or reconstruction.

(d) Such rental contract or lease may obligate the tenants or lessees to indemnify and save harmless the Authority from any and all damage to persons and property occurring on or by reason of the leased property or improvements thereon and to undertake, at the ex pense of the tenants of lessees, the defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the leased premises.

(e) In the event of any failure or refusal on the part of the tenants or lessees to perform punctually any covenant or obligation contained in any such rental contract or lease, the Authority may enforce per formance by any legal or equitable process against the tenants or lessees, and consent is hereby given for the institution of any such action.

(f) The Authority shall be permitted to assign any rental payments due or to become due to the Authority, pursuant to any such rental contract or lease, to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or indenture relating to the issuance of and security for such bonds.

(g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.

Section 13. Pledge of Revenues. The revenues, rents, and earnings derived from any particular project or projects and any and all revenues, rents, and earnings received by the Authority, regardless of whether or not such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, may be pledged by the Author ity to the payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument, which sinking funds may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee or paying agent or registrar for such bonds, and (4) any premium upon bonds retired upon call or purchase, and

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the use and disposition of any sinking fund may be subject to such regulations as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the pay ment of the same.

Section 14. Form of Bonds. The Authority shall determine the form of the bonds, including any interest coupons to be attached there to, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State of Georgia.

Section 15. Trust Agreement. In the discretion of the Authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the State of Georgia, Such trust agreement or inden ture may pledge or assign rents, fees, charges, revenues, and earnings to be received by the Authority and any proceeds which may be derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain provisions for protecting and enforcing the rights and remedies of the bond owners, including the right of foreclosure of any mortgage or encumbrance and the right of appointment of a receiver upon default in the payment of any principal or interest obligation and the right of any receiver or trustee to enforce collection of any rents, fees, charges, or revenues for the use of the project necessary to pay all costs of operation and all reserves provided for, the principal of and interest on all bonds in the issue, all costs of collection, and all other costs reasonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and trust agree ment or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for and construc tion of the project and to the custody, safeguarding, and application of all funds of the Authority, including any proceeds derived from the disposition of any real or personal property of the Authority or proceeds of insurance carried thereon, and covenants providing for the operation, maintenance, repair, and insurance of the project and may contain provisions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of any bond owner as is customary in securing bonds and debentures of corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All expenses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.

Section 16. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act brought in the courts of the State of Georgia, shall be brought in the Superior Court of Fulton County, Georgia, and any action pertaining to validation of the bonds issued under the provisions of this Act shall he brought in

WEDNESDAY, FEBRUARY 18, 1970

1283

said court which shall have exclusive, original jurisdiction of such action.

Section 17. Validation of Bonds. All bonds of the Authority shall be confirmed and validated in the Fulton County Superior Court in accordance with the procedure of the Revenue Bond Law of Georgia, Ga. Laws 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Authority and, in the event the payments to be made by any political subdivision under a contract entered into between the Authority and such political subdivision are pledged as security for the payment of the bonds sought to be validated, such political subdivision shall also be made a party defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such defendants. It shall be incumbent upon such defendants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the Clerk of the Superior Court of Fulton County in which court such validation proceeding shall be initiated. Any citizen of the State of Georgia may intervene in the validation proceeding in accordance with the procedure prescribed in said Revenue Bond Law, and appeal from the judgment in said proceed ing may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within the time pre scribed by law or, if filed, the judgment shall be affirmed on appeal, the judgment of the Fulton County Superior Court so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds and the security therefor and upon the issue of the validity and constitutionality of this and any other act pertaining to such contracts and bonds and the security therefor against the Authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia.

Section 18. Irrevocable Contract. The Authority shall have per petual existence, and, while any of the bonds issued by the Authority shall remain outstanding, the powers, duties, or existence of the Authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect adversely the interest and rights of the owners of such bonds, and no other authority, instrumentality, or body will be created or empowered to compete with the Authority so as to affect adversely the interests and rights of the owners of such bonds nor will the State, itself, so compete with the Authority. The provisions of this Act shall be for the benefit of the State, the Authority, and every owner of the Authority's bonds and, upon and after the issuance of bonds under the provisions of this Act, shall constitute an irrevocable contract with the owners of such bonds.

Section 19. Trust Funds. All funds received pursuant to authority of this Act, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings or as gifts, grants,

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or other contributions, shall be deemed to be trust funds to be held and applied solely as provided in this Act, and the bond owners entitled to receive the benefits of such funds shall have a lien on all such funds until applied as provided for in any such resolution, trust agreement, or indenture of the Authority.

Section 20. Construction. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.

Section 21. Powers Declared Supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. All the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, which are not in conflict herewith, shall be applicable hereto and to the bonds issued hereunder and to any resolution and trust instrument adopted and entered into to provide for the payment of such bonds and the interest thereon, and all bonds issued hereunder shall be signed in accordance with the Signatures on Public Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., Section 87-119. No interest limitation contained in said Revenue Bond Law shall be applicable hereto or to bonds issued issued hereunder.

Section 22. Severability. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions, and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are in consistent with the provisions of any other law, the provisions of this Act shall be controlling.

Section 23. Effective Date. This Act shall be effective immediately upon its approval by the Governor or upon its becoming law without his approval, without regard to the provisions of I Ga. L. 1968, p. 1364, as amended.

Section 24. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed.

On the motion, the ayes were 29, nays 1; the motion prevailed, and the House substitute to SB 444 was agreed to by substitute.

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

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1285

HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", ap^ proved April 28, 1969 so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senator Smith of the 18th moved that the Senate adhere to its substitute to HB 1100, and that a Conference Committee be appointed.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1100.

The Chair appointed as a Conference Committee on the part of the Senate the following:

Senators Plunkett of the 30th, Coggin of the 35th and Holloway of the 12th.

The following bill of the Senate, favorably reported by the committee, and having been read the third time on February 16 and recommitted, was put upon its passage:

SB 461. By Senators Stephens of the 36th, Chapman of the 32nd and Ward of the 39th: A bill to authorize and direct the governing authority of each county and municipality to provide for the hiring of a full-time jailer or jailers for each jail or lockup within the political boundaries affected in order that each said jail shall not be left unattended at any time; and for other purposes.
Senator Noble of the 19th offered the following amendment:
Amend SB 461 by adding a new Sec. 2 to read as follows:
"This Act shall not apply to any county with a population of 20,000 or less."
And, by renumbering Sec. 2 as Sec. 3.
On the adoption of the amendment, the ayes were 17, nays 13, and the amendment was adopted.

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Senator Adams of the 26th offered the following amendment:

Amend SB 461 by deleting the phrase "the hiring of a full-time" in line 10,

And by deleting the words "at any time." on lines 12 and 13, and inserting in lieu thereof the following:

"While a prisoner on prisoners are incarcerated therein."

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 23, nays 6.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Stephens of the 36th gave notice that at the proper time he would move that the Senate reconsider its action on SB 461.

The following resolution of the House was taken up for the purpose of con sidering a House amendment to a Senate amendment:
HR 659. By Mr. Egan of the 116th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals not operated for the purpose of private or corporate profit and income; and for other purposes.
The House amendment to the Senate amendment was as follows:
Amend HR 659 as amended by the Senate by deleting in the title and in the question to go on the ballot the words, "not operated for the purpose of private or corporate profit and income"
and inserting the following: "and nursing homes no portion of the net profit from the operation of which can inure to the benefit of any private person."

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1287

Senator Smalley of the 28th moved that the Senate agree to the House amendment to the Senate amendment to HR 659.

On the motion, Senator Smalley 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 Hensley

Holley Holloway Hudgins Johnson Kennedy Kidd London McGill Miller Noble Patton Pennington Plunkett Reeder Reynolds Riley

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Ward Webb Young Zipperer

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

On the motion, the ayes were 49, nays 0; the motion prevailed, and the House amendment to the Senate amendment to HR 659 was agreed to.

The President assumed the Chair.
The following resolutions of the Senate and House favorably reported by the committees, were put upon their passage:
SR 239. By Senators Noble of the 19th, Kennedy of the 4th, Young of the 13th and others: A resolution urging Congress to begin the proper legislative machinery for amending the United States Constitution so as to provide for six-year terms of office for all Federal judges; and for other purposes.

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The Senate Committee on Judiciary offered the following substitute:

A RESOLUTION

Urging Congress to begin the proper legislative machinery for amending the United States Constitution so as to provide for six-year elective terms of office for all Federal Judges; and for other purposes.

WHEREAS, the people of the United States have been less than pleased with the decisions of the Federal Judiciary, especially decisions of the Supreme Court of the United States dating from 1954; and

WHEREAS, it is believed that life tenure for Federal Judges was at one time desirable, inasmuch as the judiciary was the weakest of the three branches of Federal government, but now the Federal Judiciary has strengthened itself to the point where it can legislate and execute the laws; and

WHEREAS, it appears to be only fitting and proper that Federal Judges be responsible to someone, and to this end, it seems logical and just to require all Federal Judges to serve definite terms of office, say for six years, and to require them to be reappointed by the Presi dent and reconfirmed by the United States Senate.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby urges Congress to begin the proper legislative machinery for amending the United States Constitution so as to provide for six-year elective terms of office for all Federal Judges, including those sitting on the bench of the Supreme Court of the United States.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby instructed to transmit a copy of this Resolution to the mem bers of the Georgia Congressional Delegation.

On the adoption of the substitute, the ayes were 25, nays 5, 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, 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:

WEDNESDAY, FEBRUARY 18, 1970

Those voting in the affirmative were Senators:

Abney Brown of 47th Carter Cox Dean Doss Pincher of 51st Garrard Gillis Hill

Holley Kennedy Kidd London McGill Miller Noble Reeder Reynolds

Rowan Scott Searcey Smith of 34th Starr Trippe Tysinger Young Zipperer

Those voting in the negative were Senators:

Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Chapman

Eldridge Hensley Hudgins Jackson Johnson Patton

Riley Smalley Spinks Stephens Ward Webb

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

On the adoption of the resolution, the ayes were 28, nays 18.

The resolution, having failed to receive the requisite constitutional ma jority, was lost.

Senator Noble of the 19th gave notice that at the proper time he would move that the Senate reconsider its action on SR 239.

HR 587. By Messrs. Ware of the 30th, Wood of the llth, Gignilliat of the 89th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to increase the homestead exemption for certain disabled veterans; to change the definition of the term "disabled veteran"; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking the figure "10,000.00" from the seventh

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paragraph of Article VII, Section I, Paragraph IV and inserting in lieu thereof the figure "12,500.00", so that the seventh paragraph of Article VII, Section I, Paragraph IV, when so amended, shall read as follows:

"Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead which he owns and which he actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term 'disabled veteran', as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled as a result of
such service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair."

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 increase the homestead exemption for disabled veterans who have been disabled as a result of service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of
) braces, crutches, canes, or a wheel chair, or blindness in
both eyes, having only light perception, plus loss or loss of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of or ganic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair?"

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.

WEDNESDAY, FEBRUARY 18, 1970

1291

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

Hensley Hill Holley Holloway Hudgins Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds Riley

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks 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 two-thirds constitutional ma jority, was adopted.

SR 295. By Senators Coggin of the 35th and Padgett of the 23rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the appointment of two additional members to the State Board of Par dons and Paroles; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

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Section 1. Article V, Section I, Paragraph XI of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Effective December 31, 1970, the State Board of Pardons and Paroles shall be composed of five members who shall be appointed by the Governor and confirmed by the Senate. Appointments made at times when the Senate is not in regular session shall be effective ad interim. The members of the State Board of Pardons and Paroles whose terms expire January 1, 1971, January 1, 1974, and January 1, 1976, respectively, shall serve out the remainder of the terms of office to which they were appointed. On or before December 31, 1970, the Governor shall appoint two additional members to the State Board of Pardons and Paroles who shall be subject to the confirmation of the Senate and whose terms shall expire on Janu ary 1, 1973 and January 1, 1975, respectively. All subsequent ap pointments of successors to such additional members shall be for the period of seven years from the expiration of the previous term, except in case of an unexpired term. Appointments made to fill an unexpired term shall be made for the unexpired term. The Governor shall not be a member of the State Board of Pardons and Paroles, but in the event one of the members of the Board, for any cause, is unable to serve in any case involving capital punishment, the Gov ernor may act as a member of the Board in such instances. The members of the Board shall receive such compensation and allow ances as shall be provided by law. The State Board of Pardons and Paroles herein created shall be vested with such duties, powers, authority and jurisdiction as is now or as may hereafter be pro vided by this Constitution or by law. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph."
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 provide for the appointment of two additional members to the State
NO ( ) Board of Pardons and Paroles?"
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.

WEDNESDAY, FEBRUARY 18, 1970

1293

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 Adams of 26th Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Eldridge Fincher of 51st Garrard Hensley Hill

Holley Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Padgett Patton Pennington Reeder Riley Rowan

Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Trippe Vann Ward Webb Young Zipperer

Those voting in the negative were Senators:

Abney Andrews Doss

Fincher of 54th Holloway Noble

Plunkett

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

On the adoption of the resolution, the ayes were 43, nays 7.

The resolution, having received the requisite two-thirds constitutional major ity, 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 282. By Messrs. Brown of the 110th, Horton of the 95th, Hill of the 94th and others:
A bill to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to change the provisions relating to exhaust systems, brakes and windshield wipers; and for other purposes.
The House amendment to the Senate amendment was as follows:
Amend HB 282 by amending the Senate Highways Committee Amendment to add a new Section between Section 6 and Section 7, to be known as Section 6A, to read as follows:

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JOURNAL OF THE SENATE,

"6A. The effective date of this Act shall be January 1, 1971."

Senator Hensley of the 33rd moved that the Senate agree to the House amendment to the Senate amendment to HB 282.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendment to the Senate amendment to HB 282 was agreed to.

Senator Chapman of the 32nd moved that the following bill of the House be immediately transmitted to the House:

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 prac ticing medicine "D.O." and "Doctor of Osteopathy"; and for other purposes.

On the motion, the ayes were 30, nays 0; the motion prevailed, and HB 655 was immediately transmitted to the House.

At the direction of the President, Senator Smalley of the 28th assumed the Chair.

The following bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SB 561. By Senator Coggin of the 35th: A bill to amend an Act authorizing the governing authorities of munici palities and counties to establish planning commissions, so as to autho rize planning commissions to enter into agreements with political subdivisions and planning commissions, by whatever name known, in adjacent state; to provide an effective date; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, Senator Smith of the It8h called for the ayes and nays, and the call was sustained.

WEDNESDAY, FEBRUARY 18, 1970

1295

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 Broun of 46th Carter Chapman Coggin Cox Dean Eldridge Fincher of 51st Fincher of 54th Gillis Hensley

Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Noble Padgett Plunkett Reynolds

Riley Rowan Scott Searcey Smith of 18th Spinks Starr Trippe Vann Walling Ward Young Zipperer

Those voting in the negative were Senators:

Abney Garrard Miller

Patton Pennington Reeder

Smith of 34th Tysinger

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

On the passage of the bill, the ayes were 41, nays 8.

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 a Second Conference Committee report 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 themselves; to provide additional grounds for the revocation, cancel lation or suspension of the certification and licensing by the Board and to specify the terms and conditions thereof; and for other pur poses.

The Committee Conference report was as follows:

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JOURNAL OF THE SENATE,

CONFERENCE COMMITTEE REPORT ON SB 281.

The Conference Committee on SB 281 recommends the following:

That the House of Representatives recede from its position and that SB 281 be adopted as it passed the Senate.

Respectfully submitted:

FOR THE SENATE
R. EUGENE HOLLEY Senator, 22nd District
ROBERT A. ROWAN Senator, 8th District
TERRELL A. STARR Senator, 44th District

FOR THE HOUSE OF REPRESENTATIVES
CLARENCE R. VAUGHN, JR. Representative, 74th District
FRANK C. PINKSTON Representative, 81st District
ALAN S. GAYNOR Representative, 88th District

Senator Holley of the 22nd moved that the Senate adopt the Second Con ference Committee report on SB 281.
On the motion, the ayes were 30, nays 1; the motion prevailed, and the Second Conference Committee report on SB 281 was adopted.

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

SB 458. By Senator Zipperer of the 3rd:
A bill to amend an Act relating to the establishing of a City Court of Pembroke in and for the County of Bryan to provide for the trial of all violations of traffic laws of the State of Georgia in said court in the same manner as now provided for the trial of such cases in the Courts of Ordinary in certain counties; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1297

The House amendment was as follows:
Amend SB 458 by adding on page 4, Section 2 after the repealing clause, "The provisions of this Act shall become effective upon the signature of the Governor or otherwise becomes law."

Senator Zipperer of the 3rd moved that the Senate agree to the House; amendment to SB 458.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the House amendment to SB 458 was agreed to.

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

SB 501. By Senator Broun of the 46th:
A bill to provide for the compensation of the Coroner of Clarke County \ to repeal conflicting laws; and for other purposes.

The House amendment was as follows: Amend SB 501 by striking from Section 2: "January 1,1973." and inserting in lieu thereof: "January 1,1971."

Senator Broun of the 46th moved that the Senate agree to the House amendment to SB 501.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House amendment to SB 501 was agreed to.

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

SB 503. By Senator Broun of the 46th:
A bill to amend an Act placing the sheriff of Clarke County upon an annual salary, as amended, so as to change the compensation of the sheriff; and for other purposes.

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JOURNAL OF THE SENATE,

The House amendment was as follows:

Amend SB 503 by striking from Section 2:

"January 1, 1973."

and inserting in lieu thereof:

"January 1,1971."

Senator Broun of the 46th moved that the Senate agree to the House amendment to SB 503.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the House amendment to SB 503 was agreed to.

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

HB 1391. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hill of the 97th and others:
A bill to amend an Act to provide a uniform County Commissioners law for such counties as may require a Commission form of govern ment, so as to provide that no person shall be County Manager before he shall have attained his twenty-fifth birthday; to provide a period of probation of twelve months for any newly appointed County Manager, during which time he may be discharged without cause, and without the right of hearing; and for other purposes.

The report 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 1321. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th and others: A bill to amend an Act entitled the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to change the provisions relat ing to credits and exemptions of hospitals and hospital authorities; and for other purposes.

WEDNESDAY, FEBRUARY 18, 1970

1299'

The report 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 1613. By Messrs. Geisinger of the 72nd, Dodson of the 82nd, and others:
A bill to amend Code Section 88-2709, relating to illegal traffic in human bodies so as to allow payments by the Board for distribution of unclaimed dead bodies to next of kin for burial benefits similar to those paid by the Social Security Administration, Veterans Administra tion, and the Railroad 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 29, nays 1.
The bill, having received the requisite constitutional majority, was passed.
At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
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, so as to pro vide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State sub ject to certain requirements; and for other purposes.

The Conference Committee report was as follows:
CONFERENCE COMMITTEE REPORT ON HB 1102
Mr. President and Mr. Speaker:
Your Conference Committee on HB 1102 has met and submits the following recommendations:

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JOURNAL OF THE SENATE,

That the House and Senate recede from their respective positions and that the attached Substitute to HB 1102 be adopted.

Respectfully submitted,

FOR THE HOUSE
BOBBY W. JOHNSON Representative, 29th District
W. M. WILLIAMS Representative, llth District
KENT DICKINSON Representative, 118th District

FOR THE SENATE
SAM P. McGILL Senator, 24th District
PAUL C. BROUN Senator, 46th District
HUGH A. CARTER Senator, 14th District

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 that factory built housing and baled cotton having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; to provide for the issuance of permits and the charges therefor; to provide for a definition; 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:

i

;

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 adding at the end of Section 1 a new subsection to be designated subsection (f) and to read as follows:

"(f) Any other provisions of this Section to the contrary notwithstanding, the State Highway Department shall authorize factory built housing, as hereinafter defined, which does not exceed a maximum width of fourteen (14) feet, and baled cotton not exceeding a maximum width of 102 inches to be transported upon the public roads and highways of this State, except highways comprising a part of the national system of interstate and defense

WEDNESDAY, FEBRUARY 18, 1970

1301

highway system or other limited access highways until Federal authorities shall permit such vehicles thereon without loss of public road funds, pursuant to the authority of single trip permits, or twelve (12) month permits issued by the Department subject tothe following requirements:

(1) That the charge for a single trip permit shall be twenty-five ($25.00) dollars.

(2) That the charge for a twelve (12) month permit shall be fifty ($50.00) dollars for each vehicle transporting factory built housing or baled cotton.

(3) That the movement of such factory built housing shall be over only such routes and at only such times as the StateHighway Department shall provide by regulation and that each such movement of such housing shall have escorts at the front and rear of each unit or units.

For the purposes of this subsection, the term 'factory built housing' shall mean components of housing constructed and as sembled at plants or factories within or without the State, which are of such nature that they cannot be readily dismantled, and transported to sites within or without this State for the purpose of being erected at such sites as permanent housing units. The term 'factory built housing' shall in no way be construed to be a mobile home.

The State Highway Department is hereby authorized to pro^ mulgate reasonable rules and regulations which are necessary or desirable governing the issuance of such permits; provided such rules and regulations are not in conflict with the provisions of this subsection and other provisions of law.

Nothing in this subsection shall be construed to alter or amend the provisions of this Act relating to height, length and weight limitations, and such provisions shall be applicable to factory built housing, as herein defined, transported upon the public roads and highways of the State."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator McGill of the 24th moved that the Senate adopt the Conference Com mittee report on HB 1102.

On the motion, the ayes were 18, nays 26; the motion was lost, and the Con ference Committee report on HB 1102 was disagreed to.

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JOURNAL OF THE SENATE,

Senator Holley of the 22nd moved that the following resolution of the House be withdrawn from the Committee on Appropriations and recommitted to the Committee on Banking and Finance:

HE 682. 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 27, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.

On the motion, the ayes were 32, nays 0, and HR 682 was recommitted to the Committee on Banking and Finance.

The President resumed the Chair.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House agrees to the Senate substitute to the House substitute to the following bill of the Senate, to-wit:

SB 444. By Senators Smith of the 34th, Stephens of the 36th, Coggin of the 35th, and others:
A bill to create the South Fulton Coliseum Authority; and for other purposes.

The following bill of the House, favorably reported by the committee, and having been read the third time on February 14 and recommitted, was put upon its passage:

HB 1071. By Mr. Jordan of the 74th:
A bill to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and dangerous debris from the street, road or highway prior to his removing any wrecked automobile from the scene of an accident; and for other purposes.

The Committee on Highways offered the following substitute:
A BILL
To be entitled an Act to require the driver of each wrecker truck to sweep or otherwise provide for the clearing of all glass and parts

WEDNESDAY, FEBRUARY 18, 1970

1308

of the motor vehicle or vehicles from the street, road or highway prior to his removing any wrecked motor vehicle from the scene of an ac cident; to provide exceptions; to provide penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The driver of each wrecker truck towing away any vehicle from one scene of a wreck shall also take away all parts belonging to the vehicle which he is towing away or if they consist of small parts or broken glass he shall clear the streets of said small parts and glass, unless the driver is ordered not to do so by the investigating police officer due to circumstances at the scene of the accident.

Section 2. Any person violating the provisions of Section 1 of this Act shall be guilty of a misdemeanor and punished by a fine not to exceed $100.00.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 32, nays 0, and the substitute was adopted.

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

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

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

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:
HB 1063. By Mr. Alexander of the 108th: A bill to provide that when a person posts bail bond prior to a prelimi nary or commitment hearing and is later bound over to another court for trial, the original bail bond shall not terminate but shall be

1304

JOURNAL OF THE SENATE,
valid to provide for the person's appearance at the trial of the case; and for other purposes.

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

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

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

HB 1064. By Mr. McClatchey of the 113th:
A bill to amend Code Section 20-504, relating to contracts against public policy, so as to provide that certain contracts in connection with the construction, alteration, repair or maintenance of a building structure appurtenances and appliances which undertake to hold the promisee free from liability for his own negligence shall be void and unenforceable as against public 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 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1358. By Messrs. Mullinax, Potts, Blalock and Ware of the 30th: A bill to vest in the tax commissioners of certain counties all the powers and duties of sheriffs in their respective counties relative only to endorsement of late motor vehicle tag applications and the penalties and fees in relation thereto and to the collection of all fi fas issued by such tax commissioners, to make levy of such fi fas, advertisement of the sale of property so levied; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 18, 1970

1305

At the direction of the President, Senator Holley of the 22nd assumed the Chair.

The following resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:

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 nonprofit 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SECTION 1

Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"All property held by and belonging to nonprofit 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."

SECTION 2

The above proposed amendment to the Constitution shall be pub lished 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 all property held by and belonging to nonprofit corpora tions 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?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

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JOURNAL OF THE SENATE,

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Committee on County and Urban Affairs offered the following amend ment:

Amend HR 204 by deleting the period and the quotation mark imme diately following the word "taxation" in the quoted material in Section 1.
--2--
By adding the following to the quoted material in Section 1 :
"; provided, that in order to qualify for such exemption such property shall be actually used by such corporation for the purpose of providing water supply or sewage disposal, or a combination of such services."
--3--
By adding the following between the words "services," and "shall" where they appear in Section 2 in connection with the wording to be placed on the ballot:
"and actually used by such corporation in providing such services,"
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

Senator Smith of the 18th offered the following substitute to HR 204:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that all property held by and belonging to public, nonprofit 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; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

WEDNESDAY, FEBRUARY 18, 1970

1307

"All property held by and belonging to public, nonprofit corpo rations 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."

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 all property held by and belonging to public, nonprofit
) corporations created and operated for the purpose of providing water supply or sewage disposal, or a combi nation of such services, shall be exempt from all ad valorem taxation?"

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.

Senator Andrews of the 49th offered the following amendment to the substi tute:
Amend by inserting on line 17 between the words "services" and "shall" the words "to the general public".

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

On the adoption of the substitute, the ayes were 31, nays 0, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the reso lution as amended, was agreed to by substitute as amended.
The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting the affirmative were Senators:

Abney Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Hardy

Hensley Hill Holley Hudgins Jackson Kennedy Kidd McGill Miller Noble Padgett Patton Pennington Reeder Reynolds 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 48, nays 0.

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

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

HB 1490. By Messrs. Chandler of the 34th and Holder of the 49th:
A bill to amend Code Chapter 84-9, relating to the regulation and licens ing of practitioners of medicine, so as to provide that otherwise quali fied applicants, who possess certain institutional licenses authorizing the applicant to practice medicine in certain State institutions shall be eligible to take the examination required of applicants wishing to prac tice medicine in this State; and for other purposes.

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

On the passage of the bill, the ayes were 30, nays 1.

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

WEDNESDAY, FEBRUARY 18, 1970

1309

HB 1322. By Messrs. Snow and Crowe of the 1st, Kreeger of the 117th and others:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales of water; and for other purposes.

The report 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 1042. By Mr. Levitas of the 77th:
A bill to amend Chapter 26-21 of the Code of Georgia of 1933, relating to the distribution of obscene material, so as to define the offense of distributing material depicting nudity or sexual conduct; and for other 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 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 the affirmative were Senators:

Abney Andrews Broun of 46th Brown of 47th Chapman Cox Doss Eldridge Fincher of 54th Garrard Hardy Hensley Holley

Jackson Johnson Kennedy Kidd Miller
Padgett Patton
Pennington Reeder Reynolds Rowan Scott Searcey

Smalley Smith of 18th Spinks Starr Stephens Trippe Tysinger Vann Ward
Webb Young Zipperer

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JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Adams of 26th Bateman Carter

Dean Hudgins McGill

Smith of 34th

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

On the passage of the bill, the ayes were 38, nays 7.

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

HB 1481. By Mr. McClatchey of the 113th:
A bill to amend an Act providing for the establishment, maintenance and administration of common trust funds by trust institutions, so as to amend the definition of common trust fund; and for other purposes.

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

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

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

HB 1422. By Mr. Knowles of the 22nd:
A bill to authorize and empower the board of county commissioners in certain counties of the State to prescribe, impose, levy and collect an excise tax on the sales price of tickets, fees or charges made for admis sion to places of amusement, sport or entertainment; and for other purposes.

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 call was sustained.

A roll call was ordered, and the vote as follows:

WEDNESDAY, FEBRUARY 18, 1970

1311

Those voting in the affirmative were Senators:

Adams of 26th Andrews Bateman Broun of 46th Carter Eldridge Pincher of 54th Garrard Gillis Hardy Hensley Holley

Hudgins Jackson Johnson Kennedy Kidd McGill Padgett Patton Pennington Reeder Rowan

Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Ward Young Zipperer

Those voting in the negative were Senators:

Abney Brown of 47th Chapman Cox Dean

Doss Miller Noble Reynolds Scott

Searcey Smalley Walling Webb

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

On the passage of the bill, the ayes were 34, nays 14.

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

HR 655. By Messrs. Murphy of the 19th and Chandler of the 34th:
Authorizing and directing the State Properties Control Commission to amend the Western and Atlantic Railroad Commission and PeachtreeWhitehall, Inc. lease dated Dec. 26, 1950; 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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JOURNAL OF THE SENATE,

HR 623. By Messrs. Adams of the 100th, Rush of the Blst, Smith of the 39th, and others:
Designating the largemouth bass as the Official State Pish; and for other purposes.

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

On the adoption of the resolution, the ayes were 30, nays 0.

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

The President resumed the Chair.

The following resolutions of the House, favorably reported by the commit tees, were read the third time, and put upon their passage:

HR 299. By Mr. Pafford of the 64th: A resolution compensating Mr. Willis Holloway; 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 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 Jackson Johnson

Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds

WEDNESDAY, FEBRUARY 18, 1970

1313

Riley Rowan Scott Searcey Smalley Smith of 18th

Smith of 34th Spinks Starr Stephens Trippe Tysinger

Vann Walling Ward Webb Young Zipperer

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 541. By Mr. Salem of the 51st: A resolution compensating Mr. Jimmy W. Hall; and for other purposes.

The Committee on Appropriations offered the following amendment: Amend HR 541 by striking $596.34 on line 10 and inserting $446.34.

On the adoption of the amendment, the ayes were 51, nays 1, and the amendment was adopted.

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

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney 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

1314
Hensley Hill Holley Holloway Jackson Johnson Kennedy Kidd London McGill Miller Noble

JOURNAL OF THE SENATE,

Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 520. By Messrs. Crowe, Snow and Hale of the 1st:
A resolution compensating Mr. Charles J. Strain; 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 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 Jackson Johnson Kennedy Kidd London

WEDNESDAY, FEBRUARY 18, 1970

1315

McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 550. By Mr. Paris of the 14th: A resolution compensating Mr. Boyd Garner; 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 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 Jackson Johnson Kennedy Kidd

London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds Riley Rowan Scott

1316
Searcey Smalley Smith of 18th Smith of 34th Spinks

JOURNAL OF THE SENATE,

Starr Stephens Trippe Tysinger Vann

Walling Ward Webb Young Zipperer

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HE 554. By Messrs. Rush and Salem of the 51st: A resolution compensating Tattnall County; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

WEDNESDAY, FEBRUARY 18, 1970 Voting in the negative was Senator Hudgins.

1317

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 562. By Mr. Harris of the 10th:
A resolution compensating Mr. Robert Ayles and Miss Robbin Ayles; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins. By unanimous consent, verification of the roll call was dispensed with.

1318

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 563. By Mr. Harris of the 10th: A resolution compensating Mr. A. M. 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

WEDNESDAY, FEBRUARY 18, 1970

1319

HR 564. By Mr. Rush of the 51st: A resolution compensating Mrs. Mary E. Carter; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 565. By Messrs. Williams and Cooper of the llth:
A resolution compensating Mr. George Frank Cash; and for other purposes.

1320

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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting- in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 596. By Mr. Johnson of the 29th:
A resolution compensating Mrs. Annette Harrison; and for other pur poses.

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

WEDNESDAY, FEBRUARY 18, 1970

1321

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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Fatten 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 633. By Mr. Ballard of the 23rd:
A resolution compensating Mr. William P. Roberts; 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:

1322

JOURNAL OF THE SENATE,

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 Gillis Hardy

Hensley Hill Holley Holloway Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.
HR 645. By Mr. Westlake of the 75th: A resolution compensating Mr. T. L. Phillips; 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 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

WEDNESDAY, FEBRUARY 18, 1970

1323

Holloway Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton

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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 661. By Mr. Lowrey of the 9th: A resolution compensating Mr. V. S. Nations; 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 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

Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington

1324
Plunkett Reeder Reynolds Riley Rowan Scott Searcey

JOURNAL OF THE SENATE,

Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe

Tysinger Vann Walling Ward Webb Young Zipperer

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 674. By Mr. Colwell of the 5th:
A resolution compensating Mr. James R. Ledford; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

WEDNESDAY, FEBRUARY 18, 1970

1325

Voting1 in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 681. By Mr. Gunter of the 6th:
A resolution compensating Mr. Everett F. Kitchen; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

1326

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 693. By Mr. Bohannon of the 20th: A resolution compensating Mr. Hubert You; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

WEDNESDAY, FEBRUARY 18, 1970

1327

HR 697. By Mr. Graves of the 9th: A resolution compensating Mr. Bill Pullen; 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 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 Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.
The resolution, having received the requisite constitutional majority, was adopted.

HR 700. By Mr. Toles of the 9th:
A resolution compensating Mr. Walter A. Collins; and for other purposes.

1328

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 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of Blst Fincher of 54th Garrard Gillis Hardy

Hensley Hill Holley Holloway Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Riley Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Varm Walling Ward Webb Young Zipperer

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 702. By Mr. Toles of the 9th: A resolution compensating Mr. Henry Akins; and for other purposes.

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

WEDNESDAY, FEBRUARY 18, 1970

1329

The resolution involving an appropriation, a roll call was ordered, and thevote 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 Gillis Hardy

Hensley Hill Holley Holloway Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Pattoa, 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 705. By Mr. Graves of the 9th:
A resolution compensating Mrs. Martha C. Owens; 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:

1330

JOURNAL OF THE SENATE,

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 Gillis Hardy

Hensley Hill Holley Holloway Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton 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

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.
The resolution, having received the requisite constitutional majority, was .adopted.

HR 711. By Mr. Cole of the 3rd: A resolution compensating Mr. Bob Johnston; 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 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

HollO'Way Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Fatten

WEDNESDAY, FEBRUARY 18, 1970

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

1331

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

HR 724. By Mr. Games of the 104th:
A resolution compensating Mr. Warren A. Presley; 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 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 Hollo-way Jackson Johnson Kennedy Kidd London McGill Miller Noble

-1332
Padgett Fatten Pennington Plunkett Reeder Reynolds Riley Rowan

JOURNAL OF THE SENATE,

Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens

Trippe Tysinger Vann Walling Ward Webb Young Zipperer

Voting in the negative was Senator Hudgins.

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

On the adoption of the resolution, the ayes were 55, nays 1.

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

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 474. Respectfully submitted, Eldridge of the 7th District, Chairman.
The following resolutions of the Senate were read and adopted:

SR 325. By Senator London of the 50th:
A resolution commending the White County High School Girls Basketball Team; and for other purposes.

SR 326. By Senators Andrews of the 49th, Rowan of the 8th, Bateman of the 27th and Kennedy of the 4th:
A resolution commending the work of Georgia's 154,810 members of the 4-H Club for their outstanding achievements in building better citizens

WEDNESDAY, FEBRUARY 18, 1970

133&

and leaders for the future of Georgia and the U. S.; and for other purposes.

SR 327. By Senators Plunkett of the 30th:
A resolution commending Mrs. W. G. (Rebecca) Causey; and for otherpurposes.

SR 328. By Senator Plunkett of the 30th:
A resolution commending Mrs. Charles G. (Ann) Duncan; and for other purposes.

SR 329. By Senator Stephens of the 36th:
A resolution commending and honoring the Fulton High School "Redbirds" football team; and for other purposes.

SR 331. By Senator Hensley of the 33rd:
A resolution commending the Georgia Association of Justices of the Peace and Constables, Inc.; and for other purposes.

Senator Searcey of the 2nd moved that the Senate do now adjourn until 10:30 o'clock A. M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 10:30 o'clock A. M.. tomorrow.

1334

JOURNAL OF THE SENATE,
Senate Chamber, Atlanta, Georgia Thursday, February 19, 1970

The Senate met pursuant to adjournment at 10:30 o'clock A. M. today, 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 Stephens of the 36th moved that the Senate reconsider its action of yesterday on the following bill of the Senate:

SB 461. By Senators Stephens of the 36th, Chapman of the 32nd and Ward of the 39th:
A bill to authorize and direct the governing authority of each county and municipality to provide for the hiring of a full-time jailer or jailers for each jail or lockup within the political boundaries affected in order that each said jail shall not be left unattended at any time; and for other purposes.

On the motion to reconsider, the ayes were 28, nays 5; the motion prevailed, and SB 461 was placed on the Senate Calendar.

Senator Noble of the 19th moved that the Senate reconsider its action of yesterday on the following resolution of the Senate:

SR 239. By Senators Noble of the 19th, Kennedy of the 4th, Young of the 13th and others:
A resolution urging Congress to begin the proper legislative machinery for amending the United States Constitution so as to provide for six-year terras of office for all Federal judges; and for other purposes.

On the motion to reconsider, the ayes were 33, nays 2; the motion pre vailed, and SR 239 was placed on the Senate Calendar.

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 18, 1970

1335

HB 867. By Messrs. Cooper of the llth and Wheeler of the 18th:
A bill to provide for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior Court level; and for other purposes.

HB 1603. By Mr. Barber of the 15th:
A bill to identify and define a school bus; a school bus shall be a vehicle designed for the purpose of transporting children to and from school and shall comply with all National Standards and State Standards; and for other purposes.

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

HR 735. By Messrs. Ware of the 30th, Felton of the 95th, Scarlett of the 67th and Sims of the 106th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for civil actions against the State for the recovery of damages caused by the negligence of an employee of the State; and for other purposes.

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

HB 1446. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A bill to amend an Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes.

The House has passed by the requisite constitutional majority, the following; resolutions of the House, to-wit:

HR 647. By Mr. Scarlett of the 67th:
A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Glynn County to exercise the power of taxation for water and sewer purposes and to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

HR 736. By Mr. Morris of the 73rd:
A resolution proposing a constitutional amendment so as to authorize the General Assembly to provide by local act for the creation of a local

1336

JOURNAL OF THE SENATE,

government to be known as the "City and County of DeKalb" which shall be a successor government to the government of DeKalb County and authorizing all matters relative thereto; and for other purposes.

HB 844. By Mr. Kreeger of the 117th:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Smyrna Development Author ity; and for other purposes.

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

HB 490. By Mr. Harris of the 77th:
A bill to amend an Act fixing, prescribing and establishing compensa tion and/or salaries of the elective county officials of DeKalb County, including the ordinary, clerk of the Superior Court, sheriff and tax com missioner, so as to change the compensation of the above named officers; and for other purposes.

HB 1618. By Mr. Edwards of the 45th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Marion County, so as to provide in lieu thereof an annual salary; and for other purposes.

HB 1715. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to change the mode of electing the mayor and couneilmen; and for other purposes.

HB 1716. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to change the date for elections; and for other purposes.

HB 1719. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to change the name of the "Mayor's Court" or "municipal court" to the "Recorder's Court"; and for other purposes.

HB 1717. By Mr. Barber of the 15th:
A bill to amend a,n Act incorporating the City of Commerce, so as to provide for election of city officers, including a city manager by the mayor and council; and for other purposes.

THURSDAY, FEBRUARY 19, 1970

1337

HB 1718. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to provide for the election of the board of education; and for other purposes.

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

SB 350. By Senator London of the 50th:
A bill to provide a salary for the two official court reporters of the Northeastern Judicial Circuit in lieu of fees for the attendance and reporting of felony cases; and for other purposes.

SB 496. By Senators Chapman of the 32nd and Hensley of the 33rd:
A bill to amend an Act providing a new charter for the City of Marietta, so as to change the corporate limits of said city; and for other purposes.

SB 485. By Senator Vann of the 10th:
A bill to provide for the election of the members of the Board of Educa tion of Mitchell County; and for other purposes.

SB 486. By Senator Vann of the 10th:
A bill to provide that the Mitchell County School Superintendent shall be appointed by the Mitchell County Board of Education upon the termi nation of the present term of office of the present Mitchell County School Superintendent; and for other purposes.

SB 487. By Senator Vann of the 10th:
A bill to amend an Act creating a new charter for the City of Baconton, so as to provide that primaries and elections conducted in said city shall be conducted in conformity with the Municipal Election Code; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 464. By Senator London of the 50th:
A bill to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; and for other purposes.

1338

JOURNAL OF THE SENATE,

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 494. By Senator London of the 50th:
A bill to create a board of commissioners of Towns County; to provide for commissioner districts; and for other purposes.

The House has adopted the following resolutions of the House, to-wit:

HR 916, By Mr. Roach of the 10th:
A resolution commending the Georgia National Guard; and for other purposes.

HR 927. By Messrs. Holder and Anderson of the 49th: A resolution honoring Dodge County in this, its one hundredth year of existence; and for other purposes.
HR 878. By Messrs. Barber of the 15th, Edwards of the 45th and others: A resolution creating an interim committee to study the feasibility of requiring all applicants for a teaching certificate to attain a minimum; score of 450 on the common section of the National Teacher Examina tion ; and for other purposes.

The House has disagreed to the Senate substitute to the following bill 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.

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

HB 1656. By Messrs. Parker of the 44th, Felton of the 95th, Brantley of the 52nd and others:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the General Assembly may appro-

THURSDAY, FEBRUARY 19, 1970

1339

priate funds for the purpose of reducing required local effort; and for other purposes.

HB 1704. By Messrs. Bowen and Rainey of the 47th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County upon an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensa tion which may be paid to the deputy sheriff; and for other purposes.

HB 1707. By Mr. Wamble of the 69th:
A bill to amend an Act abolishing the office of County Treasurer of Grady County and providing for the designation of county depositories, as amended by an Act approved February 22,1939, so as to provide that any State chartered bank having its principal place of business located within Grady County may serve as the county depository; and for other purposes.

HB 1708. By Mr. Ballard of the 23rd:
A bill to amend an Act so as to provide for the compensation of the Juvenile Court Judges of certain counties; and for other purposes.

HB 1710. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act so as to change the compensation of the tax commissioner of Paulding County; and for other purposes.

HB 1711. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act creating the office of Commissioner of Paulding County, as amended, so as to change the compensation of the Commis sioner; and for other purposes.

HB 1712. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act so as to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary of Paulding County; and for other purposes.

HB 1720. By Messrs. Gunter and Moore of the 6th:
A bill to grant to the City of Cornelia the power and authority to furnish fire protection without the corporate limits of the City of Cornelia; and for other purposes.

1340

JOURNAL OF THE SENATE,

HB 1721. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Cornelia, as amended, so as to provide that the term of the member of the City Commission elected to serve as Mayor, shall be a term of three years; and for other purposes.

HB 1722. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Mt. Airy, as amended, so as to provide that the term of office of the mayor shall be a term of two years; and for other purposes.

HB 1723. By Messrs. Dean of the 76th and Thomason of the 77th:
A bill to authorize and direct Chairman and Board Commissioners of DeKalb County to immediately create by ordinance the DeKalb County Community Relations Commission; and for other purposes.

HB 1724. By Mr. Lambert of the 25th:
A bill to amend an Act amending the charter of the City of Greensboro, so as to authorize the mayor and council to appoint a recorder for the recorder's court and to set his compensation; and for other purposes.

HB 1725. By Mr. Moate of the 28th:
A bill to amend an Act so as to change the corporate limits of the City of Eatonton; and for other purposes.

HB 1728. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act so as to change the qualifications of candidates for mayor and councilmen of the town of Whitesburg; and for other purposes.

HB 1729. By Messrs. Parker, Nessmith and Lane of the 44th:
A bill to amend an Act so as to provide that the sheriff may have as many deputies as needed; and for other purposes.

HB 1730. By Mr. Joiner of the 35th:
A bill to change the number of members of the Washington County Board of Education from 5 to 7; and for other purposes.

THURSDAY, FEBRUARY 19, 1970

1341

HB 1731. By Mr. Joiner of the 35th:
A bill to amend an Act so as to change the provisions of an Act placing the sheriff of Washington County upon an annual salary, so as to authorize the sheriff to hire two additional deputies; and for other purposes.

HB 1732. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act so as to provide for an expense allowance for each of the commissioners of Polk County; and for other purposes.

HB 1733. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act so as to change the compensation of the Judge, Solicitor and Clerk of the Civil and Criminal Court of Decatur County; and for other purposes.

HB 1734. By Messrs. Reaves and Barfield of the 71st:
A bill to create the Lowndes County Utilities Authority and to autho rize such Authority to acquire, construct and thereafter operate and maintain projects embracing public utilities including sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and governmental entities and related wastes with the power to charge therefor; and for other purposes.

HB 1736. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act creating a Board of Commissioners of Ware County, so as to authorize the Board of Commissioners to fix the salary of the Chairman within a certain salary range; and for other purposes.

HB 1745. By Messrs. Edwards and Black of the 45th:
A bill to provide an annual salary for the Ordinary of Taylor County; and for other purposes.

HB 1746. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act creating the office of Commissioner of Webster County, as amended, so as to increase the salary of the clerk of the com missioners of said county; and for other purposes.

HB 1742. By Messrs. Brown of the 110th, Alexander of the 108th, Horton of the 95th, Daugherty of the 109th and many others:
A bill to amend an Act establishing a new charter for the City of At lanta, so as to amend the 1965 Code of Ordinances relating to the City of Atlanta Personnel Board; and for other purposes.

1342

JOURNAL OF THE SENATE,

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

HE 302. By Messrs. Harrington and Chandler of the 34th: A resolution compensating Dr. J. J. Word; and for other purposes.

HR 553. By Mrs. Merritt of the 46th: A resolution compensating Dr. James W. Smith; and for other purposes.
HR 566. By Mr. Cooper of the llth: A resolution compensating Wilmot McRae Greene, Jr.; and for other purposes.
HR 578. By Mrs. Merritt of the 46th: A resolution compensating Mr. John B. Merritt; and for other purposes.
HR 675. By Mr. Colwell of the 5th: A resolution compensating Mr. James W. Fields; and for other purposes.
HR 676. By Mr. Colwell of the 5th: A resolution compensating Mr. V. E. Sisk; and for other purposes.
HR 691. By Mr. Westlake of the 75th: A resolution compensating William C. Vonier; and for other purposes.
HR 696. By Mr. Smith of the 43rd: A resolution compensating B. F. Ogburn and Rev. Inman Gerald; and for other purposes.
HR 701. By Mr. Toles of the 9th: A resolution compensating Mrs. Hazel Thomas Whitaker; and for other purposes.
HR 712. By Messrs. Parker, Lane and Nessmith of the 44th: A resolution compensating John W. Hurst; and for other purposes.

THURSDAY, FEBRUARY 19, 1970

1343

HR 721. By Mr. Grahl of the 40th: A resolution compensating Mr. Levi E. Akins; and for other purposes.

HR 873. By Mr. Clarke of the 33rd:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Butts County; and for other purposes.

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

HB 1740. By Mr. Maxwell of the 78th:
A bill to provide that the tax collectors or tax commissioners of certain counties shall collect and remit all county school taxes levied under the authority of the Constitution to the county board of education of such counties; and for other purposes.

HB 1741. By Mr. Maxwell of the 78th:
A bill to amend an Act changing from the fee system to the salary sys tem certain county officers of certain counties in this State, so as to provide for additional employees and for their compensation; and for other purposes.

HB 1735. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as "An Act to provide for license and excise taxes upon the business of dealing in malt beverages"; to allocate funds derived from such taxes; and for other purposes.

HB 1444. By Mr. Conner of the 66th:
A bill to amend Code Section 56-817b, relating to the situs of risks and the necessity of signatures on certain policies, so as to provide that no countersignature of a resident agent need appear on any contract of insurance issued under an assigned risk plan; and for other purposes.

HB 1738. By Messrs. Snow and Crowe of the 1st:
A bill to amend Code Section 34-805, relating to special elections for members of the General Assembly to provide that in case of any vacancy occurring during the 1970 Session of the General Assembly there shall be held a special election to fill any such vacancy if the Governor issues a writ of election therefor; and for other purposes.

1344

JOURNAL OF THE SENATE,

HB 1472. By Mr. Grahl of the 40th:
A bill to amend Code Section 68-214, relating to five-year license plates, their description, revalidation stickers, county stickers, duplicates and special license plates, so as to require that Georgia license plates contain "Peach State"; and for other purposes.

HB 1737. By Mr. Murphy of the 19th:
A bill to authorize Superior Clerks in all counties where the clerks are on a salary basis to invest funds deposited in the Registry of the Court, to define investments in which such funds may be made; and for other purposes.

HB 1194. By Messrs. Hadaway of the 27th, Edwards of the 45th, Matthews of the 63rd, Phillips of the 38th, Brown of the 32nd, Scarborough of the 81st and others: A bill to amend an Act entitled "Georgia Public Assistance Act of 1965", so as to change the method of financing the cost of administration and the cost of assistance programs; and for other purposes.
The House has passed by the requisite constitutional majority the following resolutions of the House, to-wit:
HR 807. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution providing for the per diem compensation and allowances to certain members of the Constitution Revision Commission created by resolution of the General Assembly; and for other purposes.
HR 850. By Messrs, Murphy of the 19th, Busbee of the 61st, Paris of the 14th, Ployd of the 7th and Collins of the 62nd: A resolution creating the "Central Printing Agency Study Committee"; and for other purposes.
HR 868. By Messrs, Murphy of the 19th, Paris of the 14th and Lane of the 44th: A resolution adding a new member to the Criminal Law Study Commit tee; to provide compensation for Honorable Reid Merritt, District attorney, Gwinnett Judicial Circuit; and for other purposes.
HR 877. By Mr. Maxwell of the 78th: A resolution proposing an amendment to the Constitution so as to authorize the City of Augusta to create two or more taxing districts; and for other purposes.

THURSDAY, FEBRUARY 19, 1970

1345

HR 704. By Messrs. Vaughn and Jordan of the 74th:
A resolution proposing an amendment to the Constitution so as to provide that residents of the City of Conyers who are 62 years of age or over, or who are totally disabled and who have an income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $2,000 from ad valorem taxation by said City; and for other purposes.

HR 660. By Mr. Westlake of the 75th, Mrs. Merritt of the 46th and Messrs. Matthews of the 16th and Barber of the 15th:
A resolution creating the American Revolution Bicentennial Commission of Georgia; and for other purposes.

HR 740. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Downtown Development Corporation, F. M. Air Rights Company and City Center, Inc., occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, now known as the "Atlanta Union Passenger Station of the Western and Atlantic Railroad"; and for other purposes.

HR 827. By Mr. Sherman of the 80th:
A resolution proposing an amendment to the Constitution so as to provide the procedures whereby there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, functions and affairs of Richmond County and the City of Augusta; and for other purposes.

HR 716. By Messrs. Chandler of the 34th and Pafford of the 64th:
A resolution relative to architectural and engineering firms doing business with the State; and for other purposes.

HR 830. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to the Constitution so as to create the Albany-Dougherty Public Service Commission, and to provide for the powers, duties and responsibilities of the Commission; and for other purposes.

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

1346

JOURNAL OF THE SENATE,

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

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

SB 507. By Senator Broun of the 46th:
A bill to amend an Act establishing a City Court of the County of Clarke, as amended, so as to change the name of said court; and for other purposes.

SB 508. By Senator Broun of the 46th:
A bill to amend an Act fixing the compensation of the treasurer of Clarke County, so as to change the compensation of the treasurer; and for other purposes.

The House has passed by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 281. By Senator Fincher of the 51st:
A resolution accepting the bid of Downtown Development Corp., F. M. Air Rights Company, and City Center, Inc., a Joint Venture Partner ship, for the lease of the air rights above the property owned by the State of Georgia commonly referred to and known as the "Atlanta Union Passenger Station"; and for other purposes.

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

Senator Young of the 13th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

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.

THURSDAY, FEBRUARY 19, 1970

1347

5. Reports of standing committees.
6. Third reading and passage of local, uncontested bills and resolu tions.
7. Third reading and consideration of general bills and resolutions.

The consent was granted.

The President announced as the doctor of the day, Dr. Milton I. Johnson, Jr.
Scripture reading and prayer were offered by Reverend John Richards, pastor, First Presbyterian Church, Macon, Georgia.
The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
SB 464. By Senator London of the 50th: A bill to amend an Act providing a new charter for the City of Helen, so as to change the corporate limits of the City of Helen; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing a new charter for the City of Helen, approved April 28, 1969 (Ga. Laws 1969, p. 3978), so as to change the corporate limits of the City of Helen; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing a new charter for the City of Helen, approved April 28, 1969 (Ga. Laws 1969, p. 3978), is hereby amended by striking Section 1.03 in its entirety and substituting in lieu thereof a new Section 1.03 to read as follows:
"Section 1.03. City Limits. Be it further enacted that the corporate limits of the city shall extend one-half mile in all direc tions from the northwest corner of the bank building formerly known as the 'Bank of Helen', and in addition thereto, the corporate limits of the City of Helen shall include the following territory:

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JOURNAL OF THE SENATE,

All that tract of land lying and being in White County, Geor gia located on the west side of Chattahoochee River in a northerly direction from the City of Helen and being more particularly de scribed as follows:

BEGINNING on the east side of the Hortonville Road at the former City Limits of the town of Helen; thence northwesterly along the Hortonville Road to the westerly property line of the property now or formerly owned by Gedney adjacent to the proper ty now or formerly owned by Houston; thence northerly along said property line to and along the property line between the property now or formerly owned by Fain and the Baptist Cemetery to the northwesterly corner of the Fain property; thence easterly along the property line of the said Fain property to the Chattahoochee River; thence southerly down the meandering of Chattahoochee River to the former City Limits of the Town of Helen; thence in a westerly direction along said former City Limits to the point of BEGINNING. Said described property is the same property as annexed in 1962 by the Town of Helen.

Also all that tract of land lying and being in White County, Georgia located on the east side of Chattahoochee River in a south>erly direction from the City of Helen and being particularly de scribed as the present homeplace of J. M. Wilkins property."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator London of the 50th moved that the Senate agree to the House substitute to SB 464.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House substitute to SB 464 was agreed to.

The following bill and resolutions of the Senate were introduced, read the first time, and referred to committees:

SR 346. By Senators Kidd of the 25th and Trippe of the 31st:
A resolution creating an interim committee to study the investment policies and programs of the Employees' Retirement System and the Teachers' Retirement System and the activities of the Georgia Real Estate Investment Board in an effort to generate funds to ease the housing crisis in the State of Georgia; and for other purposes.
Referred to Committee on Rules.

SB 572. By Senator Smith of the 34th:
A bill to protect the consumer and encourage the highest standards of construction safety by requiring the use of safety glazing materials

THURSDAY, FEBRUARY 19, 1970

1349

in hazardous locations in residential, commercial or public buildings; to define terms; to repeal conflicting laws; and for other purposes.
Referred to Committee on Industry and Labor.

SR 330. By Senator Broun of the 46th:
A resolution creating a University System of Georgia Study Com mittee; and for other purposes.
Referred to Committee on Rules.

SR 332. By Senator Rowan of the 8th:
A resolution creating a Trading Stamp Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 333. By Senator Rowan of the 8th:
A resolution creating the Senate Committee on Minimum Standards for Firefighters; and for other purposes.
Referred to Committee on Rules.

SR 334. By Senator Holloway of the 12th:
A resolution to amend Senate Resolution 3 pertaining to the personnel and committees of the Senate; and for other purposes.
Referred to Committee on Rules.

SR 335. By Senator Holley of the 22nd:
A resolution creating a Committee to Study Taxation of State and National Banks in Georgia; and for other purposes.
Referred to Committee on Rules.

SR 337. By Senator Spinks of the 9th:
A resolution creating the Tourism Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 339. By Senators Spinks of the 9th and Kennedy of the 4th:
A resolution creating the Small Forest Landowners Study Committee; and for other purposes.
Referred to Committee on Rules.

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JOURNAL OF THE SENATE,

SR 340. By Senator Spinks of the 9th:
A resolution creating the General Assembly Meeting Days Study Com mittee; and for other purposes.
Referred to Committee on Rules.

The following bills and resolutions of the House were read the first time and referred to committee:

HB 490. By Mr. Harris of the 77th:
A bill to amend an Act fixing, prescribing and establishing compensa tion and salaries of the elective county officials of DeKalb County, including the ordinary, clerk of the Superior Court, sheriff and tax commissioner so as to change the compensation of the above named officers; and for other purposes.
Referred to Committee on County and Urban Affairs.

HB 867. By Messrs. Cooper of the llth and Wheeler of the 18th:
A bill to provide for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior Court level; and for other purposes.
Referred to the Committee on Judiciary.

HB 1446. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A bill to amend the Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes.
Referred to the Committee on Economy, Reorganization and Efficiency in Government.

HB 1603. By Mr. Barber of the 15th:
A bill to identify and define a school bus; a school bus shall be a vehicle designed for the purposes of transporting children to and from school and shall comply with all National Standards and State Standards; and for other purposes.
Referred to the Committee on Educational Matters.

HB 1618. By Mr. Edwards of the 45th:
A bill to abolish the present mode of compensating the Clerk of the Superior Court of Marion County, so as to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on County and Urban Affairs.

THURSDAY, FEBRUARY 19, 1970

1351

HB 1715. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to change the mode of electing the mayor and councilmen; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HR 844. By Mr. Kreeger of the 117th: A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Smyrna Development Authority; and for other purposes.
Referred to the Committee on County and Urban Affairs,
HB 1716. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce so as to change the date for elections; and for other purposes.
Referred to the Committee on County and Urban Affairs.
HB 1717. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to provide for election of city officers, including a city manager by the mayor and council; and for other purposes.
Referred to the Committee on County and Urban Affairs.
HB 1718. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to provide for the election of the board of education; and for other pur poses.
Referred to the Committee on County and Urban Affairs.
HB 1719. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to change the name of the "Mayor's Court" or "municipal court" to the "Recorder's Court"; and for other purposes.
Referred to the Committee on County and Urban Affairs.
HR 647. By Mr. Scarlett of the 67th: A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Glynn County to exercise the

1352

JOURNAL OF THE SENATE,

power of taxation for water and sewer purposes and to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HR 735. By Messrs. Ware of the 30th, Pelton of the 95th, Scarlett of the 67th and Sims of the 106th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for civil actions against the State for the recovery of damages caused by the negligence of an employee of the State; and for other purposes.
Referred to Committee on Rules.
HR 736. By Mr. Morris of the 73rd:
A resolution proposing a constitutional amendment so as to authorize the General Assembly to provide by local act for the creation of a local government to be known as the "City and County of DeKalb" which shall be a successor government to the government of DeKalb County and authorizing all matters relative thereto; and for other purposes.
Referred to the Committee on County and Urban Affairs.
HB 1656. By Messrs. Parker of the 44th, Felton of the 95th, Brantley of the 52nd, Williams of the llth, Games of the 104th, 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 General Assembly may appropriate funds for the purposes of reducing required local effort; and for other purposes.
Referred to the Committee on Educational Matters.
HB 1704. By Messrs. Bowen and Rainey of the 47th:
A bill to amend an Act placing the clerk of the superior court, the sheriff and the ordinary of Dooly County upon 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 the Committee on County and Urban Affairs.

HB 1707. By Mr. Wamble of the 69th:
A bill to amend an Act abolishing the office of County Treasurer of Grady County and providing for the designation of county depositories, so as to provide that any State chartered bank having its principal

THURSDAY, FEBRUARY 19, 1970

1353

place of business located within Grady County may serve as the county depository; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1708. By Mr. Ballard of the 23rd:
A bill to amend an Act establishing Juvenile Courts, so as to provide for the compensation of the Juvenile Court Judges of certain counties; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1710. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1711. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act creating the office of Commissioner of Paulding County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1712. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1720. By Messrs. Gunter and Moore of the 6th:
A bill to grant to the City of Cornelia the power and authority to furnish fire protection without the corporate limits of the City of Cornelia, under such rules and regulations, and for such charges as the City Com mission of the City of Cornelia may by ordinance prescribe, and to operate its fire trucks and fire fighting equipment without the corporate limits of the City for such purposes; and for other purposes.
Referred to the Committee on County and Urban Affairs.

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JOURNAL OF THE SENATE,

HB 1721. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Cornelia, so as to pro vide that the term of the member of the City Commission elected to serve as mayor, shall be a term of three years; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1722. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Mt. Airy, so as to pro vide that the term of office of the Mayor, shall be a term of two years; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1723. By Messrs. Dean of the 76th, Thomason, Levitas, Harris and Farrar of the 77th, Bell and Morris of the 73rd, Vaughn and Jordan of the 74th:
A bill to authorize and direct Chairman and Board Commissioners of DeKalb County to immediately create by ordinance the DeKalb County Community Relations Commission; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1724. By Mr. Lambert of the 25th:
A bill to amend an Act amending the charter of the City of Greensboro, so as to authorize the mayor and council to appoint a recorder for the recorder's court, and to set his compensation; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1725. By Mr. Moate of the 28th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, so as to change the corporate limits; to provide for the tax assessors by the governing authorities; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1728. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Whitesburg, so as to change the qualifications of candidates for mayor and councilmen; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1729. By Messrs. Parker, Nessmith and Lane of the 44th:
A bill to amend an Act placing the sheriff of Screven County on an annual salary in lieu of the fee system of compensation, so as to provide

THURSDAY, FEBRUARY 19, 1970

1355

that the sheriff may have as many deputies as may be required to assist him in the performance of the duties of his office; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1730. By Mr. Joiner of the 35th:
A bill to change the number of members of the Washington County Board of Education from 5 to 7; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1731. By Mr. Joiner of the 35th:
A bill to be entitled an Act to amend an Act placing the sheriff of Wash ington County upon an annual salary, so as to authorize the sheriff to hire two additional deputies; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1732. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act creating a Board of Commissioners of Polk County, so as to provide for an expense allowance for the commissioners; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1733. By Messrs. Conger and Griffin of the 68th:
A bill to amend an Act creating the Civil and Criminal Court of Decatur County, so as to change the compensation of the Judge, the Solicitor and the Clerk of said Court; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1734. By Messrs. Reaves and Barfield of the 71st:
A bill to create the Lowndes County Utilities Authority and to authorize such Authority to acquire, construct and thereafter operate and main tain projects embracing public utilities including sources of water supply and the distribution and sale of water and related facilities to indi viduals, private concerns and governmental entities, and related wastes with the power to charge therefor; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1735. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as "An Act to provide for license and excise taxes upon the business of dealing in malt beverages"; to allocate funds derived from such taxes; and for other purposes.
Referred to the Committee on Banking and Finance.

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HB 1736. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act creating a Board of Commissioners of Ware County, so as to authorize the Board of Commissioners to fix the salary of the Chairman within a certain salary range; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1738. By Messrs. Snow and Crowe of the 1st:
A bill to amend Code Section 34-805, relating to special elections for members of the General Assembly to provide that in case of any vacancy occurring during the 1970 session of the General Assembly there shall be held a special election to fill any such vacancy if the Governor issues a writ of election therefor; and for other purposes.
Referred to the Committee on Rules.

HB 1740. By Mr. Maxwell of the 78th:
A bill to provide that the tax collectors or tax commissioners of certain counties shall collect and remit all county school taxes levied under the authority of the Constitution to the county board of education of such counties; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1741. By Mr. Maxwell of the 78th:
A bill to amend an Act changing from the fee system to the salary sys tem certain county officers of certain counties in this State, so as to provide for additional employees and for their compensation; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1742. By Messrs. Brown of the 110th, Alexander of the 108th, Horton of the 95th, Daugherty of the 109th and others:
A bill to amend an Act establishing a new charter for the City of Atlanta, so as to amend the 1965 Code of Ordinances relating to the City of Atlanta Personnel Board; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1444. By Mr. Conner of the 56th:
A bill to be entitled an Act to amend Code Section 56-817b, relating to the situs of risks and the necessity of signatures on certain policies, so as to provide that no countersignature of a resident agent need appear on any

THURSDAY, FEBRUARY 19, 1970

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contract of insurance issued under an assigned risk plan; and for other purposes.
Referred to the Committee on Banking and Finance.

HR 807. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution providing for the per diem compensation and allowances to certain members of the Constitution Revision Commission created by resolution of the General Assembly; and for other purposes.
Referred to the Committee on Appropriations.

HR 868. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution adding a new member to the Criminal Law Study Com mittee; to provide compensation for Honorable Reid Merritt, District Attorney, Gwinnett Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

HR 873. By Mr. Clarke of the 33rd:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Butts County; and for other purposes.
Referred to the Committee on Appropriations.

HR 878. By Messrs. Barber of the 15th, Edwards of the 45th and others:
A resolution creating an interim committee to study the feasibility of requiring all applicants for a teaching certificate to attain a minimum score of 450 on the common section of the National Teacher Examina tion; and for other purposes.
Referred to the Committee on Rules.

HR 673. By Mr. Hargrett of the 58th: A resolution compensating Mr. James West; and for other purposes.
Referred to the Committee on Appropriations.

HR 675. By Mr. Colwell of the 5th: A resolution compensating Mr. James W. Fields; and for other purposes.
Referred to the Committee on Appropriations.

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HR 676. By Mr. Colwell of the 5th: A resolution compensating Mr. V. E. Sisk; and for other purposes.
Referred to the Committee on Appropriations.

HR 691. By Mr. Westlake of the 75th: A resolution compensating William C. Vonier; and for other purposes.
Referred to the Committee on Appropriations.

HR 696. By Mr. Smith of the 43rd:
A resolution to compensate B. F. Ogburn and Rev. Inman Gerald; and for other purposes.
Referred to the Committee on Appropriations.

HR 701. By Mr. Toles of the 9th:
A resolution compensating Mrs. Hazel Thomas Whitaker; and for other purposes.
Referred to the Committee on Appropriations.

HR 721. By Mr. Grahl of the 40th: A resolution compensating Mr. Levi E. Akins; and for other purposes.
Referred to the Committee on Appropriations.

HR 712. By Messrs. Parker, Lane and Nessmith of the 44th: A resolution compensating John W. Hurst; and for other purposes.
Referred to the Committee on Appropriations.

HB 1745. By Messrs. Edwards and Black of the 45th:
A bill to provide an annual salary for the Ordinary of Taylor County; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HB 1746. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act creating the office of Commissioner of Webster County, so as to increase the salary of the clerk of the commissioners of Webster County; and for other purposes.
Referred to the Committee on County and Urban Affairs.

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1359

HR 302. By Messrs. Harrington and Chandler of the 34th: A resolution compensating Dr. J. J. Word; and for other purposes.
Referred to the Committee on Appropriations.

HR 553. By Mrs. Merritt of the 46th: A resolution compensating Dr. James W. Smith; and for other purposes.
Referred to the Committee on Appropriations.

HR 566. By Mr. Cooper of the llth:
A resolution to compensate Wilmont McRae Greene, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 578. By Mrs. Merritt of the 46th: A resolution compensating Mr. John B. Merritt; and for other purposes.
Referred to the Committee on Appropriations.

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.
Referred to the Committee on Industry and Labor.

HB 1194. By Messrs. Hadaway of the 27th, Edwards of the 45th, Matthews of the 63rd and others:
A bill to amend an Act entitled "Georgia Public Assistance Act of 1965", so as to change the method of financing the cost of administra tion and the cost of assistance programs; and for other purposes.
Referred to the Committee on Appropriations.

HB 1472. By Mr. Grahl of the 40th:
A bill to amend Code Section 68-214, relating to five-year license plates, their description, revalidation stickers, county stickers, duplicates and special license plates, so as to require that Georgia license plates contain the words "Peach State"; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.

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HB 1737. By Mr. Murphy of the 19th:
A bill to authorize Superior Court Clerks in all counties where the clerks are on a salary basis to invest funds deposited in the Registry of the Court, to define investments in which such funds may be made; and for other purposes.
Referred to the Committee on Banking and Finance.

HR 660. By Mr. Westlake of the 75th, Mrs. Merritt of the 46th and others:
A resolution creating the American Revolution Bicentennial Commission of Georgia; and for other purposes.
Referred to the Committee on Rules.

HR 704. By Messrs. Vaughn and Jordan of the 74th:
A resolution proposing an amendment to the Constitution so as to pro vide that residents of the City of Conyers who are 62 years of age or over, or who are totally disabled and who have an income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $2,000; and for other purposes.
Referred to the Committee on County and Urban Affairs.

HR 716. By Messrs. Chandler of the 34th and Pafford of the 64th:
A resolution relative to architectural and engineering firms doing busi ness with the State; and for other purposes.
Referred to Committee on Judiciary.

HR 740. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Downtown Development Corporation, F. M. Air Rights Company and City Center, Inc., occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, now known as the "Atlanta Union Passenger Sta tion of the Western and Atlantic Railroad"; and for other purposes.
Referred to Committee on Public Utilities and Transportation.

HR 827. By Mr. Sherman of the 80th:
A resolution proposing an amendment to the Constitution so as to pro vide the procedures whereby there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, re sponsibilities, functions and affairs of Richmond County and the City of Augusta; and for other purposes.
Referred to the Committee on County and Urban Affairs.

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1361

HR 830. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to the Constitution so as to create the Albany-Dougherty Public Service Commission, and to provide for the powers, duties and responsibilities of the Commission; and for other purposes.
Referred to the Committee on Public Utilities and Transportation.

HR 850. By Messrs. Murphy of the 19th, Busbee of the 61st, Paris of the 14th and others:
A resolution creating the "Central Printing Agency Study Committee"; and for other purposes.
Referred to the Committee on Rules.

HR 877. By Mr. Maxwell of the 78th:
A resolution proposing an amendment to the Constitution so as to authorize the City of Augusta to create two or more taxing districts; and for other purposes.
Referred to the Committee on County and Urban Affairs.

The following bills and resolutions of the Senate and House were read the second time:

SB 571. By Senators Miller of the 43rd and Walling of the 42nd:
A bill to authorize any county which furnishes to its citizens any three of the municipal type services of water, sewerage, sanitation, police, fire protection, construction code enforcement and maintenance of roads in the unincorporated area of the County; to repeal conflicting laws; and for other purposes.

HB 177. By Messrs. Colwell of the 5th, Felton of the 95th, Moore of the 6th and Barber of the 15th:
A bill to amend Code Section 32-510 relating to the compensation of the State Superintendent of Schools, so as to change said compensation; and for other purposes.

HB 1432. By Messrs. Reaves of the 71st and Rainey of the 47th:
A bill to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for mar keting under a fish farming program; and for other purposes.

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HB 1027. By Mr. Williams of the llth:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver licenses, approved March 19, 1937, (Ga. Laws 1937, p. 322), as amended, so as to provide for a Medical Advisory Board; and for other purposes.

HB 1576. By Mr. Lee of the 61st:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide that substantial compliance with the forms for affidavits made or warrants issued for the arrest of offenders against the penal laws of this State shall, in all cases, be sufficient; and for other purposes.

HB 1476. By Messrs. Chandler of the 34th and Lambert of the 25th:
A bill to amend an Act known as the "Georgia Securities Act", so as to change the provisions relating to the filing of a bond prior to the regis tration of securities for sale; and for other purposes.

HE 846. By Mr. Hill of the 97th:
A resolution creating the South Pulton single municipality study com mittee; to include each of the municipalities other than the City of Atlanta located in whole, or in part, in House Districts 97, 98 and 101 and that portion of the unincorporated area of Fulton County located in House Districts 97, 98 and 101 to consider the question of "whether the residents of the affected area desire to become a part of a single munici pality in South Fulton County"; and for other purposes.

HR 621. By Mr. Carnes of the 104th: A resolution creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes.
HR 849. By Mr. Gunter of the 6th: A resolution authorizing the conveyance of certain real property in Rabun County in exchange for certain other real property located in Rabun County; and for other purposes.
HR 652. By Messrs. Adams of the 100th, Lane of the 101st, Geisinger of the 72nd and Bostick of the 63rd: A resolution proposing an amendment to the Constitution so as to pro vide for the appointment of one member from each congressional district in the State to the State Personnel Board; and for other purposes.

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1363

HB 1663. By Mr. Lane of the 101st:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, so as to provide certain additional definitions; and for other purposes.

HR 614. By Mr. Williams of the llth:
A resolution creating the Governor's Traffic Safety Study Committee; and for other purposes.

HR 829. By Mr. Harris of the 10th:
A resolution declaring a certain tract of State-owned property to be surplus and authorizing its conveyances; and for other purposes.

HB 1500. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation and expense allowance of the commis sioner; and for other purposes.

HB 1501. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Murray County upon an annual salary, so as to change the compensation of said officers and the manner and method of compensating their employees; and for other purposes.

HB 1377. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend Code Section 100-108, relating to bonds given by State depositories, and the giving of securities in lieu of bonds, so as to authorize the use of loans guaranteed by the Georgia Higher Education Assistance Corporation as security for deposits of State funds; and for other purposes.

HR 648. By Mr. Scarlett of the 67th:
A resolution proposing an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Glynn County Public Improve ment Authority; and for other purposes.

HB 1207. By Mr. Busbee of the 61st:
A bill to amend Code Section 24-2612, relating to the expenses of assigned Judges, so as to provide for reimbursing judges of the superior court for

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expenses incurred while holding court in a judicial circuit other than the circuit in which such judges normally hold court; and for other purposes.

HB 1649. By Messrs. Hudson and Dorminy of the 48th:
A bill to incorporate the City of Pitts; to grant a new charter to said city; and for other purposes.

HB 1652. By Messrs. Mason and Nash of the 13th:
A bill to create Gwinnett County Water and Sewerage Authority; and for other purposes.

HB 1667. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of the City of Cordele to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

HB 1668. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of Crisp County to impose and collect an amusement tax on motion pictures in accordance with the rat ing applied to each motion picture by the Motion Picture Coding Asso ciation of America; and for other purposes.

HB 1679. 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 1681. By Messrs. Chandler and Harrington of the 34th:
A bill to be entitled an Act creating and establishing a Small Claims Court in and for Wilkinson County; and for other purposes.

HB 1550. By Messrs. Gaynor of the 88th, Odom of the 61st, Longino of the 98th and Jordan of the 47th:
A bill to amend Code Section 13-2021, relating to loans upon or purchase of bank stock by banks, so as to prohibit loans by banks on its capital notes or debentures and to prohibit purchases by banks of its capital notes or debentures; and for other purposes.

HB 1686. By Messrs. Geisinger and Collins of the 72nd:
A bill to amend an Act incorporating the City of Doraville, so as to redefine the corporate limits; and for other purposes.

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1365

HB 1696. By Mr. Busbee of the 61st:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that if the sole use of the property purchased under a certificate is the transportation of persons for hire while holding it for sale, the purchaser may elect to include in gross receipts the transportation charges; and for other purposes.

HB 1701. By Mr. Jones of the 84th:
A bill to repeal Code Section 66-202, relating to parents binding out minor children; and for other purposes.

HR 637. By Mr. Sorrells of the 24th:
A resolution designating the District Attorneys Association of Georgia as the appropriate State agency for the purpose of receiving grants and donations; and for other purposes.

HR 815. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution authorizing and directing, subject to the prior consent of the State Properties Commission, the Governor to transfer by Executive Order the custody, control and jurisdiction of 900 acres, more or less of State owned real property in Hart County, from the State Properties Control Commission to the State Game and Fish Commission; and for other purposes.

HR 828. By Messrs. Smith of the 3rd, Murphy of the 19th, Busbee of the 61st and others:
A resolution creating a Georgia Dangerous Substances Control Commis sion; and for other purposes.

HB 1682. By Mr. Clarke of the 33rd:
A bill to amend an Act providing that certain costs in criminal cases shall be used for the purpose of maintaining the Butts County court house, so as to provide that certain costs in criminal cases before the judge of the Court of Ordinary shall be remitted to the Treasurer of Butts County to be used for the purpose of maintaining the Butts County courthouse; and for other purposes.

HB 1683. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County on an annual salary in lieu of the fee system of compensation, so as to require the

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Board of Commissioners of Butts County to furnish uniforms to the sheriff and deputy sheriffs; and for other purposes.

HB 1684. By Mr. Clarke of the 33rd:
A bill to amend an Act changing the compensation of the tax collector of Butts County, so as to change the compensation of the clerical person nel of the tax collector of Butts County; and for other purposes.

HB 1689. By Mrs. Hamilton of the 112th:
A bill to amend an Act providing for a Board of Elections in counties of more than 500,000, so as to change the name of such Board of Elec tions and of the Elections Supervisor; to extend the authority of said Board and Supervisor over the Registration of electors; and for other purposes.

HB 1691. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of At lanta, so as to change the corporate limits; and for other purposes.

HB 1692. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to change the corporate limits of the City of East Point; and for other purposes.

HB 1012. By Mr. Farmer of the 16th:
A bill to update and modernize mortality tables in use in permanent injury and wrongful death cases in this State; and for other purposes.

HB 1121. By Messrs. Whaley of the 93rd, Barber of the 15th and Jones of the 87th:
A bill to amend an Act known as the Minimum Foundation Program of Education Act, so as to permit certain pupils who live within one and one-half miles from the school to which they are assigned be counted as transported pupils for the purpose of calculating the expense of pupil transportation under said Act; and for other purposes.

HB 1497. By Mr. Horton of the 95th:
A bill to define, control and prohibit the littering of public or private property; and for other purposes.

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1367

HB 1674. By Mr. Phillips of the 29th:
A bill to amend an Act incorporating the City of Grovetown in the County of Columbia, so as to change the provisions relating to the compensation of the Mayor and the members of the City Council; to change the name of the police court to the City Court; and for other purposes.

HB 898. By Messrs. Miles, Simkins, Maxwell of the 78th and others:
A bill to amend an Act providing for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of not less than 135,000 and not more than 140,000 inhabitants, so as to provide for three permanent Court Reporters; and for other purposes.

HB 1494. By Messrs. Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd, Carnes of the 104th and others:
A bill to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authorities of certain municipali ties ; and for other purposes.

HB 1551. By Mr. Moore of the 6th:
A bill to amend an Act establishing the City Court of Stephens County, so as to change the compensation of the judge and solicitor of the City Court of Stephens County; and for other purposes.

HB 1621. By Mr. Kreeger 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 (s) increasing the corporate limits of the City of Smyrna; and for other purposes.

HB 1623. By Messrs. Maxwell and Simkins of the 78th, Sherman of the 80th, Connell and Dent of the 79th:
A bill to create in each county of the State having a population of not less than 140,000, a county personnel commission which shall operate as an advisory body to the governing authority of the county and which shall consist of 6 members appointed by the governing authority for staggered terms; and for other purposes.

HB 1033. By Mr. Carnes of the 104th: A bill to create the State Arborist Board; and for other purposes.

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HB 841. By Mr. Lambert of the 25th:
A bill to amend Code Section 56-2004, relating to the qualifications required of Farmers' Mutual Fire Insurance Companies, so as to change the qualifications required prior to the issuance of a certificate of authority; and for other purposes.

HB 1091. By Messrs. Snow and Crowe of the 1st and Peters of the 2nd:
A bill to amend an Act requiring dealers in junk or metals purchasing copper wire or cable to keep certain information, so as to change the information required to be kept by such dealers; and for other purposes.

HB 1338. By Mr. Barber of the 15th:
A bill to amend Code Chapter 32-9, relating to county board of education, so as to provide for an appeal to the local board of education and State Board of Education for any teacher whose contract has not been re newed; and for other purposes.

HB 1339. By Mr. Barber of the 15th:
A bill to amend an Act providing sick leave for the teachers of the public schools of this State, so as to provide that up to a maximum of three days accumulated sick leave may be used by any teacher for the purpose of absenting himself for any personal or professional reason, if prior approval of such absence was obtained from the superintendent; and for other purposes.

HB 1364. By Messrs. Odom of the 61st, Floyd of the 7th and Harrison of the 66th:
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.

HR 848. By Mr. Bray of the 31st:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Meriwether County; and for other purposes.

HR 851. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home

THURSDAY, FEBRUARY 19, 1970

1369

rental sites located within said county not to exceed a rate of 2% of the total annual rent collected; and for other purposes.

HR 853. By Mr. Anderson of the 49th:
A resolution proposing an amendment to the Constitution so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the County school system of Bleckley County; and for other purposes.

HR 869. By Messrs. Dixon and Sweat of the 65th:
A resolution proposing an amendment to the Constitution so as to pro vide for the consolidation of the offices of the tax receiver and tax collector of Ware County into the office of the tax commissioner of Ware County; and for other purposes.

HR 870. By Messrs. Farmer and Matthews of the 16th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the tax receiver, tax collector or tax commissioner of Clarke County may receive tax returns and collect taxes due to the City of Athens; and for other purposes.

HR 871. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution to provide for a Board of Registrars in Dougherty County without an enabling Act of the General Assembly; and for other purposes.

HR 872. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to the Constitution to provide for a Board of Elections in Dougherty County without an enabling Act of the General Assembly; and for other purposes.

HB 1371. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend the "Motor Vehicle Certificate of Title Act", so as to increase the fee for filing; to increase the compensation of agents; and for other purposes.

HB 1453. By Mr. Conner of the 56th:
A bill to amend Code Title 56, relating to insurance, so as to provide for the regulation of insurance holding company systems; to define the term "insurance holding company systems"; and for other purposes.

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HB 1459. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend an Act creating the Georgia Higher Education Assist ance Corporation, so as to authorize the Executive Director of said Cor poration to employ personnel, to contract for services and to expend funds for same; and for other purposes.

HB 1492. 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 name of the Board to Georgia State Boaxd of Nursing Administrators; and for other purposes.

HB 1493. By Mr. Conner of the 56th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, so as to provide that the Commissioner may establish rules and regula tions with regard to a reasonable waiting period for re-examination of applicants for licenses as agents and counselors for life, accident and sickness insurance; and for other purposes.

HB 1496. By Mr. Wamble of the 69th:
A bill to provide that the Revenue Commissioner shall be authorized to grant permits to licensed wholesale tobacco dealers; and for other purposes.

HB 1705. By Messrs. Reaves, Bennett and Barfield of the 71st:
A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes.

HB 1713. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing a City Court in Clarke County, so as to change the compensation of the Special Investigator of the Solicitor of said Court; and for other purposes.

HB 1714. By Messrs. Miller of the 83rd, Dodson of the 82nd, Pinkston of the 81st, and others:
A bill to provide that in counties of not less than 136,000 nor more than 158,000, all lakes contained in whole or in parts of boundaries of said counties shall be exempt from sales or use taxes; and for other purposes.

HR 811. By Messrs. Maxwell and Simkins of the 78th and others:
A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Richmond County shall have the

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1371

right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place of business in any area of Richmond County outside the incorporated limits of municipali ties ; and for other purposes.

HR 824. By Mr. Wamble of the 69th:
A resolution proposing an amendment to the Ga. Laws 1962, p. 12001211, so as to remove the limitation on the rate of interest applicable to bonds issued by the City of Cairo Development Authority; and for other purposes.

HR 842. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution so as to vide for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner; and for other purposes.

HB 1693. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of tax commissioner of Pulaski County, so as to increase the compensation of the tax commissioner's deputy; and for other purposes.

HB 1694. By Messrs. Anderson and Holder of the 49th:
A bill to district Pulaski County for the purpose of providing fire pro tection services; and for other purposes.

HB 1695. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act placing the Clerk of the Superior Court of Pulaski County upon an annual salary, so as to increase the allowance of the clerical assistant to the clerk; and for other purposes.

HB 1697. By Messrs. Sweat and Dixon of the 65th:
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 1698. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act creating and establishing a new charter for the City of Waycross, so as to authorize the city commission to fix the salary of the mayor within a certain salary range; and for other purposes.

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JOURNAL OF THE SENATE,

HB 1699. By Messrs. Evans, Knapp, Keen of the 81st, Dodson of the 82nd and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon", so as to change the name of the recorder's court of the City of Macon to municipal court of Macon; and for other purposes.

HB 1709. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing the Magistrate's Court of Clarke County, so as to change the office hours of said court; 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 and resolution of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recomendations:
HR 682. Do pass. HB 659. Do pass. HB 1032. Do pass. HB 1346. Do pass. HB 1460. Do pass. HB 1520. Do pass. HB 1504. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.

Senator Brown of the 47th District, Acting 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 and resolution of the House and has instructed me, as Acting

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1373

Chairman, to report the same back to the Senate with the following recommen dations :
HB 736. Do pass as amended. HR 815. Do pass.
Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 510. Do pass. Respectfully submitted, Brown of 47th District, Acting 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations :
HB 1145. Do pass by substitute. HB 1304. Do pass. HB 1363. Do pass as amended.
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:

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Mr. President:

Your Committee on Educational Matters has had under consideration the following bills and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recom mendations:
SR 323. Do pass.
HB 1339. Do pass.
HB 1651. Do pass.
Respectfully submitted,
Andrews of 49th District,
Chairman.

Senator Andrews of the 49th District, Chairman of the Committee on Educa tional Matters, submitted the following report:
Mr. President:
Your Committee on Educational Matters has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB. 1338. Do not 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1492. Do pass as amended. Respectfully submitted, Chapman of 32nd District, Chairman.

Senator Brown of the 47th District, Acting Chairman of the Committee on County and Urban Affairs, submitted the following report:

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1375

Mr. President:

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

SB 534. Do pass.

Respectfully submitted, Brown of 47th District, Acting 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 resolutions of the Senate and House and has instructed me, as Chair man, to report the same back to the Senate with the following recommendations:

SR 322. Do pass.

HR 828. Do pass.

Respectfully submitted, Chapman of 32nd District, Chairman.

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

HB 695. Do not pass.

Respectfully submitted, Holloway of 12th District, Chairman.

Senator Holloway of the 12th District, Chairman of the Committee on Industry and Labor, submitted the following report:

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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 1023. Do pass.
HB 1091. Do pass.
HB 1622. Do pass.
Respectfully submitted,
Holloway of 12th 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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1327. Do pass. Respectfully submitted, Smalley of 28th District, Chairman.

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

HB 1437. By Mr. Harrison of the 66th:
A bill to create and establish the Folkston-Charlton County Airport Authority; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1437 by striking the word "three" on line 3 of page 3 and by inserting in lieu thereof the word "all", and by striking from line 4 of page 3, the following:
", and two of whom shall be appointed for a term of two years ending December 31, 1972".

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1377

By inserting at the end of subsection (1) of Section 7 a new sub section to be designated as subsection (m), which shall read as follows:

"(m) Nothing herein shall be construed to authorize the Authority to have any powers or jurisdiction outside of Charlton County.".

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

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

On the passage of the bill, the ayes were 41, nays 0.

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

HB 1438. 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; to provide for a referendum; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1438 by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows:
"Section 5. The first election of the members of the Board of Education of Charlton County shall be held in the general elec tion of 1970. Candidates elected to the Board at that election shall take office January 1, 1971, for a term of four years and until their successors are elected and qualified. All successors shall be elected at the general election held in the year in which the terms of office expire for terms of four years and until their successors are elected and qualified. Successors shall take office on the first day of January immediately following their election."

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

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

On the passage of the bill, the ayes were 41, nays 0.

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

HB 1439. By Mr. Harrison of the 66th:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to increase the number of Commissioners; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1439 by striking from Section 1 of said bill the language quoted as paragraph (d) of Section 2 and inserting in lieu thereof a new paragraph (d) to read as follows:
"(d) The first election of the members of the Board of Com missioners of Charlton County under the provisions of this Section shall be held in the general election of 1970. Candidates elected to the Board at that election shall take office January 1, 1971, for a term of four years and until their successors are elected and qualified. All successors shall be elected at the general election held in the year in which the terms of office expire for terms of four years and until their successors are elected and qualified. Successors shall take office on the first day of January immediately following their election."

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

Senator Dean of the 6th offered the following amendment:
Amend HB 1439 by adding in the title before the words "to provide the procedures connected with the foregoing" the words "to provide for compensation for the additional commissioners".

By adding a new Section to be known as Section 2, to read as follows:
"Section 2. Said Act is further amended by striking from Section 8 the word 'three' so that when so amended Section 8 shall read as follows:

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1379

'Section 8. Be it further enacted by the authority aforesaid, that the commissioners shall each receive a salary of one hundred ($100.00) dollars per month to be paid from county funds.'"

By renumbering present Section 2, 3 and 4 of said bill as Sections 3, 4 and 5, respectively.

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

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

HB 1440. By Mr. Harrison of the 66th:
A bill to consolidate the offices of tax receiver and tax collector of Camden County; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment.
Amend HB 1440 by striking from Section 3 the figure "9,600.00"
and inserting in lieu thereof the figure "8,001.00".

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

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

On the passage of the bill, the ayes were 41, nays 0.

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

HB 1442. By Mr. Dodson of the 82nd:
A bill to create the Macon-Bibb County "Citizens Commission on Ef ficiency and Economy in Government in Macon and Bibb County"; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment.
Amend HB 1442 by adding at the end of Section 7 a new sentence as follows.
"The aforementioned Senators and Representatives also shall designate a member of the Commission to serve as Temporary Chairman for the purpose of convening an organizational meeting as described in Section 11 hereinbelow and until the Commission has elected its own Chairman."
By deleting Section 11 in its entirety and adding a new Section 11 to read as follows:
"Section 11. At the call of the Temporary Chairman described in Section 7 hereinabove, the Commission shall hold an organiza tional meeting within forty-five (45) days after the Act creating the Commission becomes law."
By striking from Section 18, line 14, the words "Section 16" and inserting in lieu thereof the words "Section 17", so that line 14 will read as follows:
"the time as may be extended, all as provided in Section 17".

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

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

On the passage of the bill, the ayes were 41, nays 0.

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

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1381

HB 1495. By Messrs. Russell and Keyton of the 70th:
A bill to provide for a Board of Commissioners of Thomas County; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1495 by striking from line 25 of page 2, the following:
"the district from which he offered as a candidate",
and by inserting in lieu thereof, the following:
"the county voting in said election".
By striking from line 18 of page 3 the word "or" and by inserting in lieu thereof the word "and".

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1499. By Mr. Lewis of the 37th: A bill to provide that the boards of education of certain counties shall expend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with any order of any Federal 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 that the boards of education of certain counties shall expend no State funds for or in connection with

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the transfer during midterm of either faculty members or students in order to comply with any order of any Federal court; to make provisions relative to the assignment and attendance of students; to make pro visions relative to teachers; to repeal an Act providing for compulsory school attendance as it applies to certain counties; to provide for other matters relative to the foregoing; to provide for sever ability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section I. County boards of education of all counties in this State having a population of not less than 20,500 nor more than 20,900, according to the 1960 United States Decennial Census or any such future census, should expend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with the order of any Federal court.

Section 2. The General Assembly hereby declares that State funds for the education of children currently are not available in sufficient sums to provide the quality of education that the students attending the public schools of this State are entitled to receive; hence, that it would be inexcusable to expend such limited funds for or in connection with midterm transfers of faculty members and pupils simply to produce racial balance within the schools.

Section 3. No student in any such county shall be assigned to or compelled to attend any school on account of race, creed, color or
national origin, or for the purpose of achieving equality in attendance or increased attendance or reduced attendance, at any school, of stu dents of one or more particular races, creeds, colors or national origins,
and no school district or school system, by whatever name known, shall be established, reorganized or maintained for any such purpose. Provided, however, that nothing contained in this Section shall prevent the assignment of a student in the manner requested or authorized by his parent or guardian. Provided, further, that nothing in this Section shall be deemed to affect, in any way, the right of a religious or de nominational education institution to select its students exclusively or primarily from members of such religion or denomination or from giving preference to such selection to such members or to make such selection of its students as is calculated to promote the religious principle for which it is established.

Section 4. No teacher in any such county shall be assigned to or compelled to teach at any school on account of race, creed, color or national origin, or for the purpose of achieving a certain ratio at any school of teachers of one or more particular races, creeds, colors or national origins, and no school district or school system, by whatever name known, shall be established, reorganized or maintained for any such purpose. Provided, further, that nothing in this Section shall be deemed to affect, in any way, the right of a religious or denominational education institution to select its teachers exclusively or primarily from members of such religion or denomination or from giving preference to such selection to such members or to make such selection of its

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teachers as is calculated to promote the religious principle for which it is established.

Section 5. An Act providing for compulsory school attendance, approved March 8, 1945 (Ga. Laws 1945, p. 343), as amended, shall not apply to and shall be void and of no effect in counties in this State having a population of not less than 20,500 nor more than 20,900, according to the 1960 United States Decennial Census or any future such census.

Section 6. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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.

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 by substitute, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1532. By Mr. Collier of the 54th: A bill to amend, consolidate and supersede the several Acts of the State of Georgia pertaining to the City of Dawson in the County of Terrell, and to provide a new charter therefor; and for other purposes.
The Committee on County and Urban Affairs offered the following amend ments :

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Amend HB 1532 by striking in their entirety lines 27 through 30 of page 67, and lines 1 through 17 of page 68, and substituting in lieu thereof the following:

"to take the oath required by the provision of the Georgia Municipal Election Code."

By striking from line 22 of page 69 the following: "three (3)"

and substituting in lieu thereof "fifteen (15)". By striking in their entirety lines 27 through 30 of page 71 and
line 1 of page 72, and substituting in lieu thereof the following: "person who shall violate the provisions of".
By deleting in their entirety Sections 8-11 and 8-12, and by re numbering Sections 8-13 and 8-14 as Sections 8-11 and 8-12, respectively.
By striking from line 1 of page 80 the following:
"fifteen (15)" and "thirty (30)"
and substituting in lieu thereof:

"thirty (30)" and "sixty (60)", respectively.
By deleting in its entirety Section 10-16.
Amend HB 1532 by striking in its entirety on page 24, line 9, the figures "4-26" and substituting in lieu thereof the figures "4-24".

On the adoption of the amendments, the ayes were 41, nays 0, and the amend ments were adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

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1385

HB 1630. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Com missioner, so as to change the compensation of the Tax Commissioner; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1630 by inserting in the title before the words
"to provide for an effective date;"
the following:
"to authorize the tax commissioner of Clayton County to accept personal checks for the payment of automobile license plates; to provide that the tax commissioner shall be absolved of all responsi bility for the collection and payment of checks which subsequently become uncollectible;".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.
By adding a new Section 2 to read as follows:
"Section 2. The tax commissioner of Clayton County is hereby authorized in his discretion, to accept personal checks for the pay ment of automobile license plates purchased by residents of Clayton County. In the event the tax commissioner accepts a personal check which subsequently becomes uncollectible, the tax commissioner shall be absolved of all responsibility for the collection and payment of any such check."

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1671. By Messrs. Rainey and Bowen of the 47th: A bill to amend an Act placing the clerk of the superior court of Worth County on a salary basis in lieu of the fee system of compensa-

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tion, so as to change the compensation of said officer; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 1671 by striking from line 16 of page 1, the following: "8,000.00" and "10,200.00",
and by inserting in lieu thereof, respectively, the following: "9,000.00" and "12,000.00".

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

SB 563. By Senator Cox of the 21st:
A bill to provide for the appointment of the County School Superinten dent of Emanuel County by the Board of Education of Emanuel County; to provide for the time of the initial appointment; to provide for other matters relative to the foregoing; 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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1387

Senator Cox of the 21st moved that SB 563 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 563 was immediately transmitted to the House.

SB 564. By Senator Cox of the 21st:
A bill to provide for a referendum election in Emanuel County at which the voters of Emanuel County shall be given a choice of increasing the number of members of the Board of Education to seven, all of whom shall be appointed by the Grand Jury, or of increasing the number of members of the Board to seven, all of whom shall be elected, or of having the Board remain as presently constituted; 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.

Senator Cox of the 21st moved that SB 564 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 564 was immediately transmitted to the House.

SB 565. By Senator McGill of the 24th:
A bill to amend an Act placing the clerk of the Superior Court of Warren County on a salary basis in lieu of a fee system of compensa tion, 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 41, nays 0.

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The bill, having received the requisite constitutional majority, was passed.

Senator McGill of the 24th moved that SB 565 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 565 was immediately transmitted to the House.

,SB 566. By Senator McGill of the 24th:
A bill to amend an Act providing for the compensation of the Ordinary of Warren County, as amended, so as to change the compensation of the Ordinary; 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.

Senator McGill of the 24th moved that SB 566 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 566 was immediately transmitted to the House.

SB 567. By Senator McGill of the 24th:
A bill to amend an Act placing the sheriff of Warren County on a salary basis in lieu of a fee system of compensation, so as to change the compensation of the said officer; 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.

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1389

Senator McGill of the 24th moved that SB 567 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 567 was immediately transmitted to the House.

SB 568. By Senator McGill of the 24th:
A bill to amend an Act creating a commissioner of roads and revenues of Warren County, as amended, so as to change the compensation of the commissioner and the clerk; 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.

Senator McGill of the 24th moved that SB 568 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 568 was immediately transmitted to the House.

SB 569. By Senator Starr of the 44th:
A bill to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the Ordinary of Clayton 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

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Senator Starr of the 44th moved that SB 569 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 569 was immediately transmitted to the House.

SB 570. By Senator Starr of the 44th: A bill to amend an Act creating the Clayton County Judicial Circuit, as amended, so as to authorize the district attorney of the Clayton Judicial Circuit to appoint two assistant district attorneys; 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.

Senator Starr of the 44th moved that SB 570 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 570 was immediately transmitted to the House.

SB 510. By Senators Padgett of the 23rd and Holley of the 22nd:
A bill to amend the charter of the City of Augusta, incorporated as the City Council of Augusta; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 19, 1970

1391

Senator Padgett of the 23rd moved that SB 510 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 510 was immediately transmitted to the House.

The following resolutions of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:

SR 307. By Senator Smith of the 18th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the consolidation, merger and combination of the tax functions of each incorporated municipality located within Houston County with such functions of Houston County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The governing authorities of each of the incorporated municipalities located within Houston County with the consent of the governing authority of Houston County may consolidate, merge and combine the offices, officers and functions of each such municipality thereof with Houston County, relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by each such municipality and Houston County and the State of Georgia. Pursuant to the agreement of the governing authorities, and respecting any and all other matters relating or incident to the same, they may specify and provide for the time, method and manner of performing any and all such matters and functions. Such governing authorities may retain, release or combine present offices and officers, positions and em ployees, and provide for the selection of officers and employees to perform such consolidated and combined tax functions, provide for the compensation and tenure of office and employment of such officers and employees, provided for their classification as officers or employees of either the municipality concerned or County or both for purposes of compensation coverage an dretirement, pension and old-age benefits, designate the place or places for the per formance of the services and duties connected with or incident to the consolidated and combined tax function between the municipali ties and County, and all other related or incidental matters not in

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conflict with this paragraph. In the performance of any and all of the matters herein authorized and relating to ad valorem taxation, due process of law shall be afforded and the right of any person to homestead exemptions as provided by law and as related to ad valorem taxes due to the State of Georgia and Houston County shall not be affected hereby or hereunder. Any of the foregoing actions may be changed, superseded, or revoked by the General Assembly.

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 authorize the consolidation, merger and combination of the tax functions of each incorporated municipality located within Houston County with such functions
NO ( ) of Houston County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 Holloway Hudgins Jackson

Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder

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1393

Reynolds Riley Rowan Scott Searcey Smalley

Smith of 18th Smith of 34th Spinks Starr Stephens Trippe

Tysinger Vann Walling Ward Webb Young

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Senator Smith of the 18th moved that SR 307 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SR 307 was immediately transmitted to the House.

HR 742. By Messrs. Hudson and Dorminy of the 48th:
Proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Ben Hill County to levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution, as amended by an amendment to the Constitution which created the Fitzgerald and Ben Hill County Development Authority, which amend ment was ratified at the general election held in November 1962 and which is set forth in Georgia Laws 1962 at pages 1011 through 1013, is hereby amended by striking from said amendment the paragraph which reads as follows:
"Neither the city nor the county is authorized to levy a tax for the purposes of the authority herein created.",
and substituting in lieu thereof the following paragraph:

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"Ben Hill County is hereby authorized to levy an annual tax as may be determined by the Board of Commissioners of said county, but not to exceed two mills, on all taxable property within the county for the support of the Authority and for its use and purposes, and all funds raised by such tax shall be paid and appropriated by said Board of Commissioners to the Authority, and when paid to the Authority, shall become a part of its funds and may be used by it for any of its purposes and powers as provided by this Constitution and by any law relative to the Authority heretofore or hereafter enacted. The tax authorized herein may be in addition to all other taxes authorized by law and this Constitu tion. The City of Fitzgerald shall not be authorized to levy a tax for the support of the Authority."

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 authorize the Board of Commissioners of Ben Hill County to
NO ( ) levy an annual tax to support the Fitzgerald and Ben Hill County Development Authority?"

All persons 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 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 Holloway Hudgins Jackson

THURSDAY, FEBRUARY 19, 1970

1395

Johnson Kennedy Kidd London
McGill
Miller Noble Padgett
Patton 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

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 806. By Messrs. Atherton, Burruss, Kreeger, Wilson, Henderson and McDaniell of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; to provide for the powers, authority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia and with private persons and corporations and with other public corporations; to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof the following:

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"CITY OF MARIETTA PARKING AUTHORITY

"A. Creation. There is hereby created a body corporate and politic to be known as the City of Marietta Parking Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all
courts of law and equity.

"B. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equip ping, maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority, necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.

"C. Membership. The Authority shall consist of three mem bers who shall be resident freeholders of the City of Marietta appointed by the Mayor and Council of the City of Marietta, The terms of the first members of said Authority shall be, as follows:

One member shall serve until December 31, 1972,

One member shall serve until December 31, 1974 and

One member shall serve until December 31, 1976.
Thereafter, all members selected and appointed shall serve for a term of six (6) years and until their successors shall have been selected and appointed. Any member of the Authority may be se lected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she will have no voting rights and shall be elected for such term as may be deter mined by the Authority. Two members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated as determined from time to time by the governing body of the City of Marietta; however, it is expressly provided that such members shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership of the Authority or the

THURSDAY, FEBRUARY 19, 1970

1397

manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accom plished by an Act of the General Assembly.

"D. Definitions. As used herein the following words and terms shall have the following meanings:

(1) The word 'Authority' shall mean the City of Marietta Parking Authority herein created.

(2) The words 'Projects' or 'Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking decks, parking structures or similar undertakings and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such facilities, and the acquisi tion of the necessary property therefor, both real and personal, all in order to accomplish the overall public purpose for which said Authority is created hereunder.

(3) The term 'cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equip ment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construc tion, and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects.

(4) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761, et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.

(5) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including,

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but not limited to, any revenues derived from the City of Marietta under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.

"E. Powers. The Authority shall have the powers:

(1) To have a seal and alter the same at pleasure;

(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises neces sary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn such orders may be made by the court having jurisdic tion of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encum brance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia;

(4) To appoint, select and employ, officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective compensa tions;

(5) To make contracts and leases and to execute all instru ments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, counties, municipalities

THURSDAY, FEBRUARY 19, 1970

1399

or political subdivisions of the State of Georgia and with private persons and corporations and with other public corporations upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years and the City of Marietta is hereby authorized to enter into contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years and said City be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repair ing and operating the property so furnished by said Authority.

(6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove de fined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;

(8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instru mentality or political subdivision may require;

(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
(11) To do all things necessary or convenient to carry out the powers expressly given hereunder.
"F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have

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power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.
"G. Same; Form, Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

"H. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached there to shall bear the facsimile signatures of the Chairman and Secre tary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.

"I. Same; Negotiability; Exemption from Taxation. All reve nue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State. Such bonds, their transfer and the income thereof shall be exempt from all taxation within the State.

"J. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived

THURSDAY, FEBRUARY 19, 1970

1401

from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
"K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions issue interim receipts, interim certi ficates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
"L. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost.

"M. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happen ing of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolu tion may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members.
"N. Same; Credit Not Pledged and Debt Not Created. Revenue bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Marietta, Georgia, nor of the State of Georgia or any municipality, county, authority, instru mentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instru mentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.

"0. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may con tain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and

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insuring of the project, and the custody, safeguarding and applica tion of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or
trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondhold ers. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and re pair of the project affected by such indenture.

"P. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may pro vide.

"Q. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless other wise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account

THURSDAY, FEBRUARY 19, 1970

1403

for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

"R. Remedies of Bondholders. Any holder of revenue bonds under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolu tion or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer there of, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

"S. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

"T. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original juris diction of such actions.

"U. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the

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basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of valida tion shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and the State and any municipality, county, authority, political subdivision or instru mentality if a party to the validation proceedings, contracting with the said City of Marietta Parking Authority.

"V. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The pro visions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
"W. Monies received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
"X. Rates, Charges and Revenues; Use. The Authority is here by authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improve ment, betterment or extension of its parking facilities, and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues of such undertaking or project, in cluding the revenues of improvements, betterments or extensions thereto thereafter made.
"Y. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facili ties, or both, shall be furnished.

"Z. Exemption from Taxation. It is hereby declared that the Authority will be performing an essential governmental function in the exercise of the power conferred upon it hereunder and that the Authority shall be required to pay no taxes or assessments of any kind upon any of the property acquired by it or under its jurisdiction, control, possession or supervision or upon its activi-

THURSDAY, FEBRUARY 19, 1970

1405

ties in the operation and maintenance of any buildings, structures or facilities erected or acquired by it or any fees, rentals or other charges for the use of such buildings or other income received by the Authority.

"AA. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and em ployees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and em ployees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractural obligation of the Authority.

"BB. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

"CC. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, not withstanding any other provision of the Constitution to the con trary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
"DD. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

"EE. General Assembly. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Marietta, Georgia, as the same now or may hereafter exist.

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.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the City of Marietta Parking Authority and to pro vide for the powers, authority and duties of such Authority and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation
NO ( ) thereof, and to authorize the Authority to contract with the City of Marietta and with the State of Geor gia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia and with private persons and corporations and with other public corporations and to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other avail able funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews

Bateman Broun of 46th Brown of 47th Carter

Chapman Coggin Cox Dean

THURSDAY, FEBRUARY 19, 1970

1407

Doss Eldridge Fincher, 51st Fincher, 54th Garrard Gillis Hardy Hensley Hill
Holloway
Hudgins
Jackson
Johnson
Kennedy

Kidd London McGill Miller Noble Padgett Patton 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

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following general bills of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:

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.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Miller of the 43rd moved that SB 48 be immediately transmitted.

1408

JOURNAL OF THE SENATE,

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 48 was immediately transmitted to the House.

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.

The report 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 Miller of the 43rd moved that SB 49 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 49 was immediately transmitted to the House.

SB 533. By Senator Johnson of the 38th:
A bill to amend Chapter 23 of the Code of Georgia of 1933, as amended, particularly as amended by an Act approved February 27, 1956 (Ga. L. 1956, p. 340), relating to surety bonds for public contractors so as to increase the total amount of the contract price where such bonds shall be required from one thousand dollars ($1,000.00) to five thousand dol lars ($5,000.00); to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Johnson of the 38th moved that SB 533 be immediately transmitted to the House.
On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 533 was immediately transmitted to the House.

THURSDAY, FEBRUARY 19, 1970

1409

HB 847. By Messrs. Hargrett of the 58th and Battle of the 90th:
A bill to amend Code Section 114-410, relating to two permanent in juries, so as to change the maximum amount of compensation which an employee who receives two permanent injuries 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 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1238. By Mr. Collins of the 62nd:
A bill to amend an Act regulating the sale of flue-cured leaf tobacco in this State, so as to require each licensee to carry a standard fire and extended coverage insurance policy for the value of the tobacco in his sales warehouse; 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 1324. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which shall be designated, entitled and known as Section 91-104A.-2; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1410

JOURNAL OF THE SENATE,

HB 1384. By Mr. Pickard of the 84th:
A bill to amend an Act regulating intrastate pipeline systems in the State of Georgia, so as to give the Georgia Public Service Commission power and authority to enforce the provisions of this Act by civil mone tary penalties and injunctions; and for other purposes.

The report 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 1156. By Messrs. Chandler of the 34th, Lambert of the 25th and Busbee of the 61st:
A bill to amend an Act known as the "Georgia Securities Act", so as to redefine the term "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.

HB 1090. By Mr. Wamble of the 69th:
A bill to amend an Act authorizing the creation of an office within the State Division of Conservation, so as to provide that said office may be created within any department of the executive branch; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 31, nays 0.
The bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 19, 1970

1411

HB 1197. By Mr. Lambert of the 25th:
A bill to amend Code Section 88-1809, relating to revenue certificates of hospital authorities and the interest thereon, so as to remove the provision limiting the interest rates of revenue certificates of hospital authorities to 7% 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 32, nays 5.

The bill, having received the requisite constitutional majority, was passed.

HB 1196. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Revenue Bond Law", so as to remove the provision limiting the interest rates of revenue bonds to 7% 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 29, nays 10.

The bill, having received the requisite constitutional majority, was passed.

Senator Fincher of the 51st moved that the following bill of the House be withdrawn from the Committee on Judiciary and recommitted to the Committee on Public Utilities and Transportation:

HB 1663. By Mr. Lane of the 101st:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities; to provide certain additional definitions; and for other purposes.

On the motion, the ayes were 33, nays 0; the motion prevailed, and HB 1663 was recommitted to the Committee on Public Utilities and Transportation.

1412

JOURNAL OP THE SENATE,

At the direction of the President, Senator Plunkett of the 30th assumed the Chair.

The following general bills of the House, favorably reported by the com mittees, were read the third time, and put upon their passage:

HB 1373. 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 repeal an Act prohibiting the possession of certain shrimp; to provide for the revocation of certain licenses; and for other purposes.
Senator Zipperer of the 3rd offered the following amendment:
Amend HB 1373 by striking on page 3, line 3 the following:
", on the seaward side, of any sounds at any time"

On the adoption of the amendment, the ayes were 41, nays 0, and the amend ment was adopted.

The Committee on Agriculture and Natural Resources offered the follow ing substitute:
A BILL
To be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Pish Commission, approved March 7, 1955 (Ga. Laws 1955, p. 483), as amended, so as to repeal an Act prohibiting the possession of certain shrimp; so as to provide for the revocation of certain licenses; to change the dates and methods for opening the season for taking shrimp; to prohibit fishing during certain hours; to provide for the confiscation of certain equipment used in illegal fishing; to establish certain prere quisites for obtaining a bait fisherman's bond; to prohibit certain equip ment being used for commercial shrimping; to provide for the confisca tion of certain equipment used illegally by bait dealers; to provide for the impoundment of certain illegally used equipment; 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. An Act completely and exhaustively revising, supersed ing and consolidating the laws relating to the State Game and Fish Commission, approved March 7, 1955 (Ga. Laws 1955, p. 483), as

THURSDAY, FEBRUARY 19, 1970

1413

amended, is hereby amended by striking Section 94 in its entirety and inserting in lieu thereof a new Section 94 to read as follows:

"Section 94. (a) Except as otherwise specifically provided, it shall be unlawful for any person to use a power-drawn net in any of the tidal or salt waters of this State between January 1 and May 31 of any year. Sounds shall be open from September 1 through December 31 of each year unless closed by the Director of the State Game and Fish Department. The Director of the State Game and Fish Department shall have the power to close any sound to shrimp ing or crabbing with the power-drawn nets at any time the count of shrimp in such sound exceeds fifty-five (55) shrimp with heads on to the pound. The Director of the State Game and Fish Depart ment may open any sound to shrimping and crabbing during the months of August or January when the count of shrimp in any sound, during any such month, is below fifty-five (55) shrimp to the pound with heads on. Officers, agents or representatives duly authorized by the State Game and Fish Commission shall determine by inspec tion the count of shrimp in the sounds of this State and findings by said authorized officers, agents or representatives shall be conclusive as to the count of shrimp per pound. In order to inform interested persons of the opening or closing of sounds as herein provided, the State Game and Fish Commission shall post notices at the court house and on all shrimp docks in the county in which such sounds lie, or in each county which sounds lie should they be in more than one county, and by any other means as may appear feasible. Such notices shall be posted at least twenty-four (24) hours prior to the closing hour.

(b) Trawling during the open season shall be permitted only during the hours between 5 a.m. Eastern Standard Time and 8 p.m. Eastern Standard Time in any of the waters of this State. The sounds of this State shall be closed to commercial fishing from 8 p.m. Eastern Standard Time on Saturday until 5 a.m. Eastern Standard Time on Monday.

(c) Except as otherwise specifically provided, it shall be un lawful to fish at any time with nets other than cast nets except for shad or sturgeon in any of the tidal rivers and creeks of this State. Nothing contained herein shall be construed so as to prohibit any person from using a beach seine along any public beach, nor to prohibit any person from taking crabs, with power-drawn nets, from Sapelo Sound or any waters outside during the year with nets of four and one-half inch stretched mesh only.

(d) Each boat, propulsion unit, net, door, boom, winch, cable, electronic device, or accessory equipment used in violation of this section or in violation of Section 94A, as hereinafter provided, is hereby declared to be contraband and forfeited to the State and shall be confiscated and seized by any peace officer who shall impound it in the name of the Director. The Director, within thirty (30) days after the seizure of any such equipment, shall institute proceedings by petition in the Superior Court of any county where the seizure was made against the property so seized and against any and all per sons having an interest in or right affected by the seizure or sale

1414

JOURNAL OF THE SENATE,

of such equipment. A copy of such petition shall be served upon the owner or lessee of such equipment, if known, and upon the person or persons having custody or possession of such equipment at the time of the confiscation or seizure. If the owner or lessee or person or persons having custody or possession of such equipment at the time of seizure is unknown, notice of such proceedings shall be published once a week for two consecutive weeks in the news paper in which sheriff's advertisements of the county are published. Such publication shall be deemed notice to any and all persons hav ing an interest in or right affected by such proceeding and any sale of the equipment resulting therefrom. If no defense or intervention shall be filed within thirty (30) days from the filing of the petition, judgment by default shall be entered by the court; otherwise the case shall proceed as other civil cases. Should it appear upon the trial of the case or upon default that such equipment was so used and that such use was with the consent, express or implied, of the owner, the equipment shall be sold by order of the court after such advertisement as the court may direct. The proceeds arising from such sale shall be applied:

(1) To the payment of proper costs and expenses including expenses incurred in the seizure;

(2) To the payment of the cost of the court and its officers;
(3) To the payment of any cost incurred in the storage, ad vertisement, maintenance or care of such property; and
(4) The remainder shall be paid into the State treasury for deposit in the Game Protection Fund.
Where the owner or lessee of any equipment seized for pur poses of condemnation shall abscond or conceal himself so that actual notice of the condemnation proceeding cannot be served upon him, he shall be served by publication as is hereinbefore provided in the case of an unknown owner or lessee.
All proceedings against any such equipment for the purpose of condemnation, shall be proceedings in rem against the equip ment and the equipment shall be described only in general terms. It shall be no ground for defense that the person who had the equip ment in possession at the time of its use and seizure has not been convicted or acquitted of any criminal proceedings resulting from or arising out of such use. It is the intent and purpose of the pro cedure provided by this section to provide a civil remedy for the condemnation and sale of equipment used in violation of the pro visions of this Section notwithstanding the conviction or acquittal of the person having possession or custody of the equipment at the time of its seizure. The conviction or acquittal of any such person shall not be admissible as evidence in any proceeding hereunder.

Any party at interest may appear, by answer under oath, and make his defense. The owner, lessee, or lienholder shall be per mitted to defend by showing that the equipment seized, if illegally

THURSDAY, FEBRUARY 19, 1970

1415

used by another, was used without the knowledge, connivance or consent, expressed or implied, by such owner, lessee or lienholder. The holder of any bona fide lien on the property shall be protected to the full extent of his lien: Provided, however, that nothing con tained herein shall be construed to obligate the Director beyond the proceeds of any such sale less the actual costs incurred by him.
The court to whom any such petition for condemnation may be referred may in its discretion allow any party at interest to give bond and take possession of the equipment seized, the court to de termine whether the bond shall be a forthcoming bond or an eventual condemnation money bond, the amount of the bond to be determined also by the court. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
The court shall have full discretion and authority to permit a settlement between the parties at any stage of the proceeding by permitting the value of the equipment to be paid into court or the value of the equity therein, as determined by the court, which money when so paid in, shall be distributed as provided by law in all cases of condemnation.
(e) The State Game and Pish Commission shall have the power to close any portion of the tidal and salt waters of this State to com mercial shrimping, crabbing, or fishing in the event of a disaster likely to cause marine life to be unfit for human consumption, or in the event of any other emergency situations.
(f) Nothing contained in this section shall be construed so as to prohibit any person from fishing in the tidal or salt waters of this State for shrimp to be used or sold for live bait as provided in Section 94A.

(g) Nothing contained in this section shall be construed to prohibit any person from taking crabs, with power-drawn nets, from any waters outside, on the seaward side, of any sounds at any time during the year with nets of four and one-half (4%) inch stretched mesh only.

(h) Any person violating any statute or rule and/or regula tion of the Commission dealing with commercial fishing boat li censes, tags for fishing boats, display, identification numbers and letters thereon or commercial shrimping or crabbing with powerdrawn nets and the taking of shrimp to be used or sold as live bait shall be guilty of a misdemeanor and punished as provided by law. Such conviction shall constitute the automatic revocation of the license or licenses of the violator. Such license or licenses may be reinstated at the discretion of the Commission for good cause shown. Independent of any such criminal prosecution or conviction, the Commission may deny, refuse to renew, suspend, or revoke the license or licenses of any person for violation of the statutes or rules and/or regulations pertaining to commercial fishing boat licenses, tags for fishing boats, display, identification numbers and letters thereon, or commercial shrimping and crabbing with power-

1416

JOURNAL OF THE SENATE,

drawn nets. Such action shall be taken in accordance with the Georgia Administrative Procedure Act as now exists or hereafter amended.

Section 2. Said Act is further amended by striking Section 94A in its entirety and inserting in lieu thereof a new Section 94A to read as follows:

"1. Any other provision of this Act to the contrary notwith standing, any person may use a power-drawn net at any time in any of the salt waters of this State, not to exceed ten feet (10') at the widest part of its mouth for the purpose of taking shrimp to be used for live bait within the State of Georgia, provided that such shrimp are not to be sold, but are to be used by the person catching same, his friends or relatives.

2. No person shall engage in the taking of shrimp for live bait to be sold unless such person shall be the owner or full-time em ployee of an established bait dealership within the State of Geor gia. All such qualified persons must first execute a bond in the amount of $1,000, payable to the Governor, in such form and with such securities as the Commission may require, and conditioned upon the faithful compliance by such person with all the laws and regula tions relating to game and fish. Such bond shall be in addition to the boat licenses (where applicable) required by Section 34 of this Act, as amended, and the commercial fisherman's license required by Section 37 herein, as amended, and notation of execution of such bond shall be stamped or endorsed on the applicants commercial fisherman's license. Such commercial fishermen qualifying under this paragraph shall be authorized to use power-drawn nets at any time in any of the salt waters of this State not larger than twenty feet (20') at the widest part of their mouth.

3. Equipment used for obtaining live bait as provided in para graphs 1 or 2 herein cannot be used for other commercial fishing purposes. The use of such equipment for other commercial fishing shall constitute a violation of this Act.

4. Any person, firm or corporation violating any provisions of paragraphs 1, 2 or 3 herein, or who sells or otherwise disposes of, for human consumption, any shrimp caught for bait, or who pos sesses such shrimp for the purpose of sale or other disposition for human consumption, shall be guilty of a misdemeanor and punished as provided by law."
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 laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 0, nays 36, and the substitute was lost.

THURSDAY, FEBRUARY 19, 1970

1417

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, the ayes were 38, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th: A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.
Senator Webb of the llth offered the following amendment:
Amend HB 214 by inserting in line 7 after the words "four years" the words "not to exceed twenty years".
On the adoption of the amendment, the ayes were 41, nays 1, and the amend ment was adopted.
Senator Smith of the 18th offered the following amendment:
Amend by striking the figure "$26,000" in line six (6) and inserting $28,000.

On the adoption of the amendment, Senator Smith of the 18th 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 Coggin Cox Pincher of 51st Fincher of 54th Gillis

Hardy Holley Holloway Jackson Kennedy Kidd Padgett

Riley Rowan Scott Smith of 18th Trippe Vann Walling

1418

JOURNAL OF THE SENATE,

Those voting in the negative were Senators:

Adams of 5th Andrews Bateman Carter Chapman Dean Doss Eldridge Garrard Hensley

Hudgins Johnson London McGill Miller Patton Pennington Reeder Reynolds Searcey

Smalley
Smith of 34th Starr Stephens
Tysinger Ward Webb Young Zipperer

The roll call was verified.

On the adoption of the amendment, the ayes were 21, nays 29, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 42, nays 3.
The bill, having received the requisite constitutional majority, was passed as amended.
The following resolutions of the Senate and House, favorably reported by the committees, were read the third time, and put upon their passage:
SR 321. By Senators Patton of the 40th, Smith of the 34th, Garrard of the 37th and others: A resolution designating the North Fulton Special Choir as the official choir of the State of Georgia; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 19, 1970

1419

Senator Fatten of the 40th moved that SR 321 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SR 321 was immediately transmitted to the House.

SR 312. By Senators Abney of the 53rd, Stephens of the 36th and Rowan of the 8th:
A resolution creating the certification and classification of Teachers Study Committee; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 36, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
Senator Abney of the 53rd moved that SR 312 be immediately transmitted to the House.
On the motion, the ayes were 41, nays 0; the motion prevailed, and SR 312 was immediately transmitted to the House.
HR 668. By Messrs. Harrington and Chandler of the 34th: A resolution authorizing the governor, for and on behalf of the State of Georgia, to convey to the City of Milledgeville, a municipal corporation, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Baldwin 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.

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JOURNAL OF THE SENATE,

HR 672. By Messrs. Roach and Harris of the 10th:
A resolution authorizing the Governor, for and on behalf of the State of Georgia, to convey to the City of Canton, Georgia, easements for the construction, maintenance and operation of water and sewer lines over and through certain State-owned property situated in Cherokee County; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 29, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 641. By Mr. Jones of the 59th:
A resolution authorizing the conveyance of real property located in Liberty 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.

The following bill of the House was taken up for the purpose of considering a House action thereto:

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.

Senator Pennington of the 45th moved that the Senate insist on its substitute to HB 45.

THURSDAY, FEBRUARY 19, 1970

1421

On the motion, the ayes were 36, nays 0; the motion prevailed, and the Sen ate substitute to HB 45 was insisted upon.

The following resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HE 519. By Mr. Parker of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to exempt peanuts grown in this State and stored in licensed or bonded ware houses, regardless of ownership, from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following:
"Peanuts grown in this State and stored in licensed or bonded warehouses are hereby exempted, regardless of ownership, from all ad valorem taxation authorized to be levied by the State, counties, municipalities, school districts or other political subdivisions."
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 exempt peanuts grown in this State and stored in licensed
NO ( ) or bonded warehouses, regardless of ownership, from all ad valorem taxation?"
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.

1422

JOURNAL OF THE SENATE,

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th
Carter Chapman
Coggin
Cox Dean
Doss
Eldridge
Garrard
Gillis

Hardy Holley Holloway Hudgins Johnson Kennedy Kidd
London Miller
Noble
Fatten Pennington
Plunkett
Reeder
Reynolds
Riley

Rowan Scott Searcey Smalley Smith of 18th Spinks Starr
Stephens
Tysinger
Vann
Walling
Ward
Webb
Young
Zipperer

Voting in the negative was Senator Smith of 34th.

The roll call was verified.

On the adoption of the resolution, the ayes were 47, nays 1.

The resolution, having received the requisite two-thirds constitutional majority, was adopted.

At the direction of the President, Senator Holley of the 22nd assumed the Chair.

The following bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SB 426. By Senators Trippe of the 31st and Broun of the 46th:
A bill to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate Investment Board and the Advisory Board; and for other purposes.

THURSDAY, FEBRUARY 19, 1970

1423

Senator Trippe of the 31st offered the following substitute:

A BILL

To be entitled an Act to amend an Act creating the Georgia Real Estate Investment Board, approved March 1, 1963 (Ga. Laws 1963, p. p. 34), so as to exempt from the provisions of the Act real estate home loans or commitments guaranteed by the United States of America, or by any agency or instrumentality of the Government of the United States of America; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act creating the Georgia Real Estate Investment Board, approved March 1, 1963 (Ga. Laws 1963, p. 34), is hereby amended by striking Section 3(b) in its entirety and inserting in lieu thereof a new Section 3 (b) to read as follows:

"Section 3(b). To receive, approve, disapprove, or reject any and all applications for loans on real estate or commitments for loans on real estate or real estate investments to be made by any State Retirement System, State Annuity and Benefit Fund, or simi lar State system or fund created by the General Assembly of Geor gia; provided, however, that real estate home loans or commitments guaranteed by the United States of America, or by any agency or instrumentality of the Government of the United States of America are exempt from consideration by the Georgia Real Estate Invest ment Board and are further specifically exempted from any provi sions of this Act."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 28, nays 1, and the substi tute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, the ayes were 33, nays 3.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Trippe of the 31st moved that SB 426 be immediately transmitted to the House.

1424

JOURNAL OF THE SENATE,

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 426 was immediately transmitted to the House.

The following bill of the Senate, favorably reported by the committee, and having lost on February 16 and having been reconsidered on February 18, was put upon its passage:

SB 522. By Senators Holley of the 22nd and Trippe of the 31st:
A bill to amend Code Section 13-204.1 which prohibits a bank from conducting a banking business in this State except on the premises of the place of business, so as to prohibit a bank from conducting a banking business off the premises by such means as receptacles for the receipt of deposits, armored car messenger service and loan production offices; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 40, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Trippe of the 31st moved that SB 522 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 522 was immediately transmitted to the House.

The following bill of the Senate, favorably reported by the committee, and having lost on February 13 and having been reconsiderd on February 14, was put upon its passage:

SB 446. By Senators Coggin of the 35th and Riley of the 1st:
A bill to amend Code Section 26-2306, relating to the prohibitions against certain officers and employees of State and local governments from selling to such governments, so as to provide the procedures under which certain sales by such officers shall be permitted; and for other purposes.

THURSDAY, FEBRUARY 19, 1970

1425

The Committee on Judiciary offered the following substitute:

A BILL

To be entitled an Act to amend Code Section 26-2306, relating to the prohibitions against certain officers and employes of State and local governments from selling to such governments, so as to provide the procedures under which certain sales by such officers shall be permitted; 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 26-2306, relating to the prohibitions against certain officers and employees of State and local governments for selling to such governments, is hereby amended by striking said Code Section in its entirety and substituting in lieu thereof the following:

"26-2306. Officer or employee selling to government or po litical subdivision.--

(a) State officer or employee selling to government.--Any officer or employee of the State or any agency thereof, who, for himself or in behalf of any business entity, sells any personal property to the State or any agency thereof, unless he shall be the lowest successful bidder on a sealed, competitive bid basis, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment for not less than one nor more than five years.

(b) Local government officer or employee selling to political subdivision.--Any officer or employee of a political subdivision or agency thereof, who, for himself or in behalf of any business entity, sells any personal property to the political subdivision of which he is an officer or employee or to any agency thereof, unless he shall be the lowest successful bidder on a sealed, competitive bid basis, shall be guilty of a felony, and upon conviction therefor, shall be punished by imprisonment for not less than one nor more than five years."

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 Fincher of the 51st offered the following amendment to the Com mittee substitute:
Amend by inserting after the word "property" and before the word "to" on line 21, page 1, the following:

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JOURNAL OF THE SENATE,

"valued at more than $1,000.00".

By inserting after the word "property" and before the word "to" on line 3 of page 2, the following:

"valued at more than $1,000.00".

The amendment was adopted by the Senate on February 13.

Senator Coggin of the 35th moved that the Senate reconsider its action of February 13 on adopting the amendment to the Committee substitute.

On the motion, the ayes were 39, nays 0; the motion prevailed, and the amendment was reconsidered.

On the adoption of the amendment to the Committee substitute, the ayes were 0, nays 37, and the amendment to the Committee substitute was lost.

Senator Andrews of the 49th offered the following amendment to the Com mittee substitute:
Amend by inserting on line 23 between the words "successful" and "bidder" the word "complying".

On the adoption of the amendment, the ayes were 30, nays 1, and the amend ment to the Committee substitute was adopted.

Senator Fincher of the 51st offered the following amendment to the Com mittee substitute:
Amend by deleting quoted matter in Subsection (b) of Section 1 in its entirety and by deleting the words "and local governments" in line 3, and substituting in lieu thereof the word, "government", and by deleting the words "such governments" commencing on line 3, and insert ing in lieu thereof the following:
"the State"

On the adoption of the amendment, the ayes were 23, nays 10, and the amendment to the Committee substitute was adopted.

THURSDAY, FEBRUARY 19, 1970

j

1427

Senator Coggin of the 35th moved that the Senate reconsider its action of February 13 on adopting the Committee substitute to SB 446. On the motion, the ayes were 33, nays 2; the motion prevailed, and the Committee substitute to SB 446 was reconsidered.

On the adoption of the Committee substitute, the ayes were 33, 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 34, nays 2.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Eldridge asked unanimous consent that he be recorded in the journal as voting "nay" on SB 446.

The consent was granted.
Senator Coggin of the 35th moved that SB 446 be immediately transmitted to the House.
On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 446 was immediately transmitted to the House.
The President resumed the Chair.
The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:
HB 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 so as to change the appropriations and pro visions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

1428

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The Conference Committee report was as follows:

CONFERENCE COMMITTEE REPORT ON HB 1100

The Conference Committee on HB 1100 makes the following report:

The Committee recommends that the Senate and the House of Representa tives both recede from their positions and that the attached Substitute to HB 1100 be adopted.

Respectfully submitted,

FOR THE HOUSE:
/s/ James H. Floyd Representative, 7th District
/s/ George D. Busbee Representative, 61st District
/s/ Thomas B. Murphy Representative, 19th District

FOR THE SENATE:
/s/ Lamar R. Plunkett Senator, 30th District
/s/ Frank E. Coggin Senator, 35th District
/s/ A. W. Holloway Senator, 12th District

A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropria tions Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), so as to change the appropriations and provisions relative to the fiscal years 1969-70 and 1970-71; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
ARTICLE I.
This Article relates only to changes in the appropriations and pro visions relative to the fiscal year 1969-70.

Section 1. An Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", approved April 28, 1969 (Ga. Laws 1969, p. 880), is hereby amended by striking ^ Section 5, relating to Superior Courts, the figure "$1,756,967.00" and inserting in lieu thereof the figure "$2,257,000.00".

THURSDAY, FEBRUARY 19, 1970
Section 2. Said Act is further amended by adding a new section to be known as Section 7A, to read as follows:
"7A. Air Transportation, Department of.
1969-70 _..__._....__.________-__-
Changed object:
Capital Outlay
Section 2A. Said Act is further amended by strik ing from Section 8, relating to the Georgia Art Com mission, the figure "$57,060.00" and inserting in lieu thereof the figure "$83,060.00".
Section 3. Said Act is further amended by strik ing from paragraph (b) of Section 16, relating to grants to Area Planning and Development Com missions under the Planning and Programming Bureau, the figure "$823,200.00" and inserting in lieu thereof the figure "$852,200.00".

1429
253,919.00
80,000.00."

Section 4. Said Act is further amended by strik ing from paragraph A. of Section 18, relating to the general operating costs of the Department of Industry and Trade, the figure "$2,591,014.00" and inserting in lieu thereof the figure "$2,919,095.00".

Changed object: Advertising ___.__________________

.-$ 1,242,000.00.

Section 4A. Said Act is further amended by striking from Section 25, relating to the Public Serv ice Commission the figure "$688,131.00" and insert ing in lieu thereof the figure $713,131.00".

Section 5. Said Act is further amended by strik ing from Section 26, relating to the Supervisor of Purchases, the figure "$467,653.00" and inserting in lieu thereof the figure "$497,653.00".

Section 6. Said Act is further amended by strik ing from paragraph A. of Section 35, relating to the operation of all activities of the Department of Agri culture, including the operation of Farmers Markets, the figure "$7,553,575.00" and inserting in lieu there of the figure "$7,653,575.00", and by striking the figure "$2,951,866.00" and inserting in lieu thereof the figure "$2,854,266.00", and by adding before the proviso the following:

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"Indemnities ...__._.___...__.___..__.$

Section 7. Said Act is further amended by strik ing from Section 38C., relating to the Game and Fish Commission, the figure "$3,474,013.00" and inserting in lieu thereof the figure "$3,481,116.00".

Section 8. Said Act is further amended by strik ing from Section 36J(a), relating to the general operation and development of State Parks, the figure "$1,766,584.00" and inserting in lieu thereof the fig ure "$1,828,192.00", and by striking the figure "$206,220.00" and inserting in lieu thereof the figure "$478,720.00", and by adding at the end thereof:

"Provided, that from the appropriation for capital outlay, $135,000.00 shall be used for land acquisition at Providence Canyon, and $2,500.00 shall be used at High Falls State Park."

Section 9. Said Act is further amended by strik ing from Section 36K., relating to the Soil and Water Conservation Committee, the figure "$409,548.00" and inserting in lieu thereof the figure "$427,800.00".

Section 10. Said Act is further amended by strik ing from Section 37B., relating to capital outlay-au thority lease rentals under the State Board of Cor rections, the figure "$790,000.00" and inserting in lieu thereof the figure "$840,000.00", and by striking the following:

"Authority Lease Rentals .._.___________$

and inserting in lieu thereof the following:

"Authority Lease Rentals .___._____-_$

and by adding at the end thereof the following:

228,600.00".
790,000.00" 840,000.00"

"Provided that from the above amount the sum of $50,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Penal) to permit the issuance of bonds to con struct prison branches in Montgomery and Walker Counties."

Section 11. Said Act is further amended by strik ing from Section 40A, relating to Education, the following:
"Teachers Salaries ._____,,,,_.__,,_____.___.$ 210,144,694.00

THURSDAY, FEBRUARY 19, 1970

1431

and inserting in lieu thereof the following:

"Teachers Salaries ___...___...._..._._._....____.$ 209,644,694.00".

For the purposes of this Section 11, the 1969-71 Budget Report presented to the General Assembly at the regular 1969 session shall be used, except that for the purpose of the object class "Vocation EducationArea Vocational-Technical Schools", the amended Bud get Report presented to the General Assembly at the regular 1970 session shall be used.

Section 12. Said Act is further amended by strik ing from Section 40B., relating to Authority Lease Rentals under Education, the figure "$26,301,000.00" and inserting in lieu thereof the figure "$26,855,-
159.00".

"Changed objects:
Direct payments to School Systems for capital outlay purposes _._.__._.___.___ ._$

2,191,613.00

Authority Lease Rental payments to the Georgia Education Authority (Schools) on behalf of school systems ._.___________ $ 24,269,044.00

Grants to School Systems for capital outlay purposes .________.___-________.__$

--0--",

and by adding at the end thereof the following:

"Provided that from the above appropriation the amount of $1,000,000.00 is designated and committed for additional lease rentals to said Au thority to permit the issuance of bonds to finance new projects."

Section 13. Said Act is further amended by strik ing from paragraph C. of Section 47, relating to Bene fits--AFDC Program under the Department of Family and Children Services, the figure "$11,716,743.00" and inserting in lieu thereof the figure "$13,616,743.00", and by adding at the end thereof the follow
ing:

"Changed objects: Benefits ___..._._.._..__._._._________________$ 152,663,500.00 Grants to Counties ___._...____._____.$ 22,244,000.00".

Section 14. Said Act is further amended by strik ing from paragraph E. of Section 47, relating to

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Grants to Counties for administration and services, under the Department of Family and Children Serv ices, the figure "$9,390,900.00" and inserting in lieu thereof the figure "$7,790,900.00", and by adding at the end thereof the following:

"Changed object: Grants to Counties ______________..$ 22,244,000.00".

Section 14A. Said Act is further amended by striking from paragraph G. of Section 47, relating to other institutions under the Department of Family and Children Services, the figure "$95,000.00" and inserting in lieu thereof the figure "$345,000.00", and by adding at the end thereof the following:

"Reserve Fund .._..__.__.._.___._.._____.$ 250,000.00".

For the purposes of this Section 14A, the 196971 Budget Report presented to the General Assembly at the regular 1969 session shall be used.

Section 15. Said Act is further amended by strik ing from paragraph J. of Section 48, relating to the Medical Assistance Program, under the Department of Public Health, the figure "$20,352,337.00" and in serting in lieu thereof the figure "$20,592,337.00".

Section 16. Said Act is further amended by strik ing Section 50, relating to the Highway Department, in its entirety and inserting in lieu thereof a new Sec tion 50 to read as follows:

"Section 50. Highway Department.

A. Appropriation of all funds in this Sec tion 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 received by the State Treasurer in the im mediately preceding year, less the amount of re funds, 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 de termine the net collection of motor fuel tax re ceived by the State Treasurer in the immediately preceding fiscal 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.

THURSDAY, FEBRUARY 19, 1970

1433

For general administrative cost of operating the Highway Department, including equipment and compensation claims.

For lease rental obligations of the Highway Department to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or here after entered into in connection with new projects approved by the Highway Department. Provided that in the event that lease rental obligations shall be less than the amount provided in the amended Budget Report, such excess amount may be used and is herein specifically appropriated for new authority lease rentals to permit the issuance
of bonds to finance new projects.

For State matching participation in costs of construction, reconstruction, improvement in high ways, 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 Fed eral apportionment for the same year. For the cost of road and bridge construction and sur veys, maintenance and improving the State High way 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 allo cated to matching all Federal aid funds prior to the allocation of any funds for other works, and the State Highway Department may add, delete, and substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the requirements of the Interstate System with regard to comple
tion 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 Interstate Program not to exceed the amount of State Motor Fuel Tax Rev enues actually paid into the Treasury and con stitutionally appropriated to the State Highway Department.

1969-70 _-._...---._--._-._...-.-....._._.._....._..,,.._$ 132,374,501.39.

B. Grants to counties. For grants to coun ties for aid in county road construction and main tenance.

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1969-70 ___________________-_____._._._.. -$ 4,817,013.03.

C. For grants to counties for aid in county road construction and maintenance.

1969-70-__--____-__-______________$ 4,500,000.00.

Provided that the appropriations in B. above shall be distributed and disbursed by the State Treasurer as provided by law.

The sum appropriated under C. shall be dis tributed and disbursed to the various counties of the State by the State Treasurer in the same proportional basis to each county as the propor tion 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.

Provided, further, that a member of the gov erning 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 Con stitution, 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.

D. Capital Outlay--Airport Development-- State Share of Airport Development.
1969-70 _________________..__...._____

91,360.00

E. Capital Outlay--Blue Ridge Parkway Land Acquisition _____________________________
Section 17. Said Act is further amended by strik ing from Section 52, relating to the Governor's Emer gency Fund, the figure "$2,000,000.00" and inserting in lieu thereof the figure "$2,210,000.00".

1,500,000.00."

Section 18. Said Act is further amended by strik ing from Section 57, relating to the Total Appropria tion for 1969-70, the figure "$933,173,883.59" and in serting in lieu thereof the figure "$941,915,054.98".

Section 19. The appropriations provided for the budget units in Article I shall be expended by object

THURSDAY, FEBRUARY 19, 1970

1435

classifications as contained in the Governor's recom mendations in the amended Budget Report relative to the fiscal year 1969-70.

Section 20. The training and development pro grams of the Department of Corrections which are funded 100% with Federal funds for a portion of fiscal year 1970 may be funded for the remainder of fiscal year 1970 with State or other agency funds.

The Comptroller General, the Forestry Commis sion, and the Department of Public Safety are hereby authorized to utilize any surplus funds accruing to permit early recruitment in fiscal year 1970 of new positions recommended for fiscal year 1971.

ARTICLE II.

This Article relates only to changes in the ap propriations and provisions relative to the fiscal year 1970-71.

Section 21. Said Act is further amended by strik ing the appropriations and other provisions relative to the fiscal year 1970-71, and inserting in lieu there of the following new provisions which shall be the ap propriations and provisions for said year and which shall be applicable only to the fiscal year 1970-71. It is not the intention of this Article II and this Sec tion 21 in any way to change the provisions of the aforesaid 1969 Act relative to the fiscal year 1969-70.

"PART I. LEGISLATIVE BRANCH

Section 1. Legislative Branch. For compensa tion, 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 Council of State Governments, Na tional Conference of Commissioners on Uniform State Laws; National Conference of Legislative Leaders and Marine Fisheries Compact; for equipment, sup plies, repairs, printing and other incidental expenses for the Legislative Branch; for the necessary cost of renovating and repairing the housing and other fa cilities for the Legislative Branch; for cost of com piling, publishing and distributing the Acts and Journals of the General Assembly, and the annual re port of the State Auditor to the General Assembly;

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for election blanks and any other election expense, including publishing constitutional amendments; for all costs of Georgia Official and Statistical Eegister as provided by resolution; and for cost of Legisla tive Services Committee and the Office of Legisla tive Counsel as authorized by law.

1970-71 __..._.__..._..___.__________- ..$ 4,825,000.00

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 au thorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legis lative Branch which may include that no such funds may be expended without prior approval of the Com mittee. The Committee shall also make a detailed study of all items and programs 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.

A. Operations 1970-71 __._.._..__.___..._____._____

.$ 894,350.00

B. Tax Ratio Study 1970-71 _...._.__._

_$ 350,000.00

PART II. JUDICIAL BRANCH

Section 3. Supreme Court. For the cost of operat ing the Supreme Court of the State of Georgia, in cluding salaries of Justices and the employees of the Court, their retirement contributions and two Emeritus positions. Provided, however, that the listed appro priation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position estab lished during the fiscal year. Provided, however, that the sum of $7,500.00 shall be allocated for the pay ment of attorneys' fees and legal expenses for in digent defendants in criminal cases on appeal as provided in Georgia Laws 1953 Nov.-Dec. Sess., pp.
478-479.

1970-71 _________________________.______._____$ 558,725.00

THURSDAY, FEBRUARY 19, 1970

1437

Changed object:
Personal Services ..___
Section 4. Court of Appeals. For the cost of oper ating the State Court of Appeals, including salaries and retirement contributions of judges and em ployees of the Court, and for the Emeritus Judges of the Court. Provided, however, that the listed appro priation shall be increased by the amount of $12,000.00 per annum for each additional Emeritus position established during the fiscal year.
1970-71 ._.._.________._..._.__---.-__.$

543,569.00 728,990.00

Changed object: Personal Services

686,990.00

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 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 in creased by the amount of $13,334.00 per annum for each additional Judge Emeritus position established during the fiscal year.
1970-71 _____._._.___.__._..____._. -$ 2,271,800.00
Provided, further, that the listed appropriation shall be increased by the amount of $30,000.00 per an num for each Judgeship created by law during the 1970 session of the General Assembly.

B. For payment of salaries, contingent expense allowances, and other expenses as may be authorized by law for District Attorneys and District Attorneys Emeritus. Provided, however, that the listed appro priations shall be increased by the amount of $6,000.00 per annum for each additional District Attorney Emeritus position established during the fiscal year.
1970-71
Section 6. For the cost of printing and distribut ing the reports of the Supreme Court and Court of Appeals.

976,800.00

1970-71

35,000.00

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JOURNAL OF THE SENATE,

PART III. EXECUTIVE BRANCH GENERAL GOVERNMENT

Section 7. Commission on Aging. 1970-71 _.__..__.___..___..__...._.___.__._$

75,556.00

Changed objects: Personal Services ._.___....__.____.._.__$ Operating Expenses ------.__._________$

114,430.00 36,126.00

Section 7A. Air Transportation, Department of. 1970-71 ___._._.____.__._______-_.._._$

134,896.00

Changed objects: Personal Services _.________._------____.$ Operating Expenses ...__.____________..___$

161,175.00 150,221.00

Section 8. Art Commission, Georgia. 1970-71 ____.._-__.__....___._____..__---$

88,060.00

Section 9. Banking, Department of. 1970-71 _...___--_____-_-_________.$

836,100.00

Changed objects: Personal Services .___.__.__________$ Operating Expenses _.___._-._..____...._$

660,900.00 175,200.00

Section 10. Capitol Square Improvement Com mittee.

A. Operating costs. 1970-71 -_____--____--_-____.__-$

150,000.00

B. Capital Outlay--Authority Lease Rentals, Annual Lease payments to Georgia Building Author ity under existing leases for Judicial, Agricultural, Health and other State Office Buildings and Facili ties.

1970-71 ---__-____--_-----__.----$ 3,112,752.87

Section 11. Comptroller General. For the cost of operating the office of the Comptroller General,

THURSDAY, FEBRUARY 19, 1970

1439

Insurance Commissioner, Fire Inspection Division, Building Safety Council, Insurance Rate Division, Industrial Loan Commissioner and the Liquefied Pe troleum Safety Act.
1970-71 _____________________________.__$

1,770,400.00

Changed object: Personal Services ._._..._.__.__.___________,,__$ 1,319,875.00

Section 11A. State Computer Service Center. 1970-71 ___.__.._.______________________$

400,000.00

Section 12. Coordinator of Highway Safety. 1970-71 ._____________________________.___.$

98,400.00

Section 13. Defense, Department of. For the cost of operating the Military Division, aid to military or ganizations and the cost of operating the Civil De fense Division, and the Office of Emergency Planning.
1970-71--____.________.____.____$

1,161,878.00

Changed object: Capital Outlay _______.__________

--0--

Section 14. Executive Department.

A. For the costs of operating the Executive De partment, including the costs of maintenance expenses for the Executive automobiles, transportation costs and communication expenses of the Department, such as rewards, dues to the Governors' Conferences, the Southern Interstate Nuclear Compact, and the Ad visory Commission on Intergovernmental Relations, and other special Committee expenses.

1970-71

637,600.00

B. For the Governor's Mansion allowance. 1970-71 _____
Section 15. Budget Bureau. 1970-71 __.______________________$
Section 16. Planning and Programming Bureau. A. General Operating Costs.
1970-71 ______________________$

25,000.00 341,500.00
674,908.00

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JOURNAL OF THE SENATE,

B. Grants to Area Planning and Development Commissions.
1970-71 _-___-__--__-__-___-__--$

892,816.00

Changed object:
State Grants to Area Planning and Develop ment Commissions .._.___..___._._._.$

892,816.00

Section 17. Georgia Historical Commission. 1970-71 -____._-_--..._____._.._._.._$

524,500.00

Section 18. Industry and Trade, Department of. A. General Operating Costs.
1970-71 ._.________._____.__.._. $

3,164,300.00

B. Metropolitan Atlanta Rapid Transit--To be expended under contract with the Metropolitan At lanta Rapid Transit Authority.
1970-71 _______________._______-$

45,700.00

C. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Ports Authority.
1970-71 __._____.______-____.___-$

2,000,000.00

Section 19. Labor, Department of.
A. For the cost of operating the Commissioner's Office and Factory Inspection Division.
1970-71 ___._____-_______.____._$

394,658.00

B. For that part of cost of operations of Employ ment Security Agency as authorized by Act approved March 8, 1945.
1970-71 ---_____-__-__--______$

115,000.00

C. Work Incentive Program. 1970-71 __--_____._....

362,739.00

Section 20. Law, Department of. For the cost of operating the Department of Law, provided that the compensation of all Assistant Attorneys General, all law clerks, stenographic help, necessary to carry on the legal duties of the State, required of the De partment 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

THURSDAY, FEBRUARY 19, 1970

1441

any source for the support and maintenance of the respective agency for the purpose for which provision is made in this item, unless the payment is for reim bursement 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 spe cific items of legal work in connection with the ac quisition of rights-of-way on the State road system, and contract law suits, or unless the payment is made from funds appropriated to the Executive Depart ment 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.
1970-71 _____________________.-_.$

1,006,200.00

Section 21. Library, State. 1970-71 _________..___.______-__.$

135,800.00

Section 22. Literature Commission, State. 1970-71 ,,____._._.____________.__$

20,000.00

Section 23. Pharmacy Board. For cost of operat ing the office of Chief Drug Inspector.
1970-71 ._.__..___._.._________..____$

229,000.00

Changed objects: Personal Services __._____________._$ Operating Expenses .__________...._._...$

177,200.00 51,800.00

Section 24. Public Safety, Department of. 1970-71 _____._____________._.._._..$ 15,808,575.00

Changed objects: Personal Services ~______._._____,,...__.$ 11,987,286.00 Operating Expenses _______.._.______._$ 4,678,451.00

Provided, however, that the Director of the De partment 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 Ameri can Association of Motor Vehicle Administrators, and the International Association of Chiefs of Police (State and Provincial Police).

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JOURNAL OF THE SENATE,

Provided further that the Department of Public Safety is authorized to employ 50 additional troopers and 10 additional G.B.I, agents and the necessary sup porting personnel from the funds herein appropriated.

The members of the Uniform Division of the De partment of Public Safety, members of the Georgia Bureau of Investigation, radio operators and license examiners shall each receive a salary increase of four hundred ($400.00) dollars per annum. The salary in creases provided herein shall not be subject to longevity increases.

Provided, that from the above appropriation, the sum of $50,000.00 shall be used for the purpose of implementing the provisions of House Bill 1208, rela tive to minimum standards for law enforcement of ficers.

Section 25. Public Service Commission. For the cost of operating the Utilities Division and the Motor Carrier Division of the Public Service Commission.
1970-71 ._.__________._________._$

769,320.00

Section 26. Purchases, Supervisor of. 1970-71 ____-_______. _________$ 1,218,700.00

Changed object:
Workmen's Compensation Reserve Fund _.__._

________$ 250,000.00

Section 27. Recreation Commission. 1970-71 -__.__,,_...__...._____

_.__..$

118,800.00

Section 28. Revenue, Department of.
A. For cost of operating the Department of Revenue.
1970-71 _..________.___.____..___3

14,530,328.00

B. Motor Vehicle Tag Purchases. 1970-71 -___.__.__.._.__.__

1,409,100.00

C. Loans to Counties--Tax reevaluation. 1970-71 ___-___.__.___..._._____

110,000.00

Changed object: Loans to counties--Tax reevaluation __.__.,,_$

110,000.00

THURSDAY, FEBRUARY 19, 1970

1443

In addition, there is hereby appropriated for the fiscal year 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 $290,000.00. Such amount shall be avail able for further tax evaluation loans to counties.

Section 29. Science and Technology Commission. 1970-71 ___________..______________._S

101,400.00

Section 30. Secretary of State.

A. Archives and Records. For the cost of opera tions of archives and history, including opening said building and facilities to the general public on Satur day of each week except legal holidays, microfilming and housing records, and the State Museum, including lease rental payments to the Georgia Building Author ity for the State Archives Building in the amount of $815,000.00 per annum.
1970-71 _____._______________.__.$

1,576,700.00

Changed object: Personal Services

628,200.00

B. Buildings and Grounds. For the cost of operat ing the State Capitol Building and grounds, the main tenance of Confederate cemeteries and for insurance on public property not otherwise provided for.
1970-71 ___.____.____.___________$

523,700.00

C. Combined Divisions. For the cost of operating the office of Secretary of State, and all other pro grams administered through such office.
1970-71 __._____.____.____,,_____._$

990,734.00

Changed object: Personal Services ._

650,934.00

D. Examining Boards. 1970-71 _________.

__.$ 1,248,200.00

E. Executive Center. For operation of Executive Center.
1970-71 _______________________.$

69,300.00

1444

JOURNAL OF THE SENATE,

F. Special Repairs, Capitol Building and Legis lative Chambers, Rooms, Offices and Facilities.
1970-71 __-_____.________________-______$

100,000.00

Section 31. State Properties Control Commission. For the cost of operating the State Properties Control Commission.
1970-71 _.._..__..--....__.__.___--__-____$

50,000.00

Section 32. Treasury, State. For operation of State Treasury, including Bond Commissioner.
1970-71 ,,._.______...__._.__.._.___....._..$

165,500.00

Section 33. Veterans Service.

A. For cost of operating the Department of Veterans Service.
1970-71 _-_...____-_._..__-_______.$

1,309,700.00

B. For the cost of operating the Veterans Service Board, War Veterans Home, and Veterans Nursing Home.
1970-71 -____._____________--___.$

2,072,500.00

C. For the cost of pensions to Confederate Widows.
1970-71 _._____.___._.___....________$

47,780.00

Section 34. Workmen's Compensation, State Board of. For the cost of operating the State Board of Workmen's Compensation.
1970-71 __._.._....______-____._..___.$

763,357.00

AGRICULTURE AND CONSERVATION

Section 35. Agriculture, Department of.

A. For the operation of all activities of the De partment including the operating of Farmer's Markets.
1970-71 _._______________________..._...__...._$
Changed objects: Personal Services ._--~._-_________.___$ Operating Expenses ______________$ Capital Outlay ._.._.__.__.___..._____...___$ Indemnities _..,,.__.__....._____....___......$

9,137,288.10
6,468,273.80 3,051,045.30
236,000.00 236,600.00

THURSDAY, FEBRUARY 19, 1970

1445

Provided that from the above amount $100,000.00 shall be used for capital outlay, Farmer's Market at Jesup, Georgia. From the above amount there shall be established a grain and feed inspection and grading station at Valdosta.

B. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Building Authority (Markets).
1970-71 --.___-_---_-__--______-_$
Changed object: Authority Lease Rentals

900,000.00 900,000.00

Provided, that from the above appropriated amount $150,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Markets) to permit the issuance of bonds to finance new projects.
C. Fire Ant Eradication.
1970-71 .__________-___._..,,_________$

1,500,000.00

D. Provided, that the Department of Agricul ture shall set as a rental for any facility or part there of constructed with capital outlay or bond proceed funds, a rental rate which, on lease of one (1) year or longer, will amortize the cost or pro rata cost of con struction over a period of 30 years or the reasonable life of the facility if the same should be less than 30 years.

Section 36. Conservation.
A. Conservation, Commissioner of. 1970-71 .__._________...___.___.___$
Changed object: State Assistance Fund Grants _.________.._$
B. Forest Research Council 1970-71 ____.,.____________.....___.__...___.$

52,155.00 30,000.00 588,274.00

Changed object: Capital Outlay

152,900.00

C. Forestry Commission. 1970-71 ...__.............

....$ 6,774,916.00

1446

JOURNAL OP THE SENATE,

D. Game and Fish Commission. 1970-71 __.__._._._._._____..._______.___.$ 4,120,500.00

Provided from the above funds 13 new positions for coastal patrol shall be allocated.

E. Georgia Commission for the Development of Chattahoochee River Basin.
1970-71 _.__._______________--__-$

6,920.00

P. Jekyll Island Committee. 1970-71 __________..__._.__.______.__._-$

400,000.00

Changed object: Operating Expenses _._______._._______$

400,000.00

G. Lake Lanier Islands Development Commission. 1970-71 ._.___.......__.._____________-_-$

261,000.00

H. Mineral Leasing Commission. 1970-71 ._._..__._.._____.___.._________-_$

5,000.00

I. Department of Mines, Mining and Geology, in cluding Oil and Gas Commission, and dues to the Interstate Oil Compact.

(a) Regular Operations. 1970-71 __-_-_..-._.-._-____________.__-$

646,700.00

Changed object: Operating Expenses __.___-______..__$

354,200.00

(b) Surface Mined Land Use Board. 1970-71 __...__--.______-__--_....____$

124,656.00

J. North Georgia Mountains Commission. 1970-71 __.__._.__....___.____...__.___.$

206,000.00

K. Department of Parks.
(a) For general operation and development of State Parks.
1970-71 _--.____---_____...__-____.___$

2,199,855.00

Changed object: Operating Expenses __._..____.._._..__-._..__$ 1,069,240.00

THURSDAY, FEBRUARY 19, 1970

1447

Provided, however, that of the above amounts, there shall be allocated for expenses of the State Coun cil for the Preservation of Natural Areas the amount of $34,700.00 in 1970-71.

Provided, that no land shall be purchased for State park purposes without the approval of the State Properties Acquisition Commission.

(b) Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Jekyll Island--State Parks Authority.
1970-71 .__________--------------------$

1,146,000.00

(c) Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Stone Mountain Memorial Association.
1970-71 ______-----______-__.___--$

1,000,000.00

(d) Reclamation of Natural Resources--Grants. 1970-71 _____________________-$

419,000.00

Changed object: Operating Expenses--Grants

419,000.00

Provided that the above amount shall be used only for reclamation of beaches at Tybee Island, Geor gia, pursuant to Act No. 731, passed at the regular 1970 session of the General Assembly, in connection with the United States Corps of Engineers.

L. Soil and Water Conservation Committee. For the cost of operating the State Soil and Water Con servation Committee.
1970-71 --____-__-_-___-__-___$

466,908.00

M. Stone Mountain Memorial Committee. For operating costs including costs of improvements by convict labor.
1970-71 ------______--_______-_.---_._$

75,000.00

Changed object: Operating Expenses _--

75,000.00

N. Groveland Lake Development Committee. 1970-71 __..._____-__________-.

122,200.00

1448

JOURNAL OP THE SENATE,

0. Georgia Commission for the Development of the Altamaha River Basin. (As provided in H.B. 1342)
1970-71 _______________________$

30,000.00

Provided that the allocation of funds between ob ject classes shall be established by the Budget Bureau with the approval of the Fiscal Affairs Sub-Commit tees.
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.
1970-71 __....__-_._.__.___.._._____.__-__$

16,519,030.00

Provided that no funds appropriated in this Sec tion or otherwise available shall be used to pay a salary in excess of the Director's salary, except salaries for physicians.

Provided, further, that from capital outlay funds included in the above appropriation, $75,000.00 shall be used for the construction of dwelling for security per sonnel at the Georgia State Prison at Reidsville.

B. Capital Outlay--Authority Lease Rentals-- Annual Lease Payments to Georgia Building Authority (Penal).
1970-71

1,273,000.00

Changed object: Authority Lease Rental

-$ 1,273,000.00

Provided, that from the above appropriated amount, $433,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Penal) to permit the issuance of bonds to finance new projects.

Provided that from the above amount of $433,000.00, the sum of $273,000.00 from Authority Lease Rent als shall be used for the purpose of constructing a new prison for women. Not more than $120,000.00 shall be used for planning. The Committee provided for hereinafter shall approve all plans and no bond money shall be expended until such plans are ap proved by the Committee. The Committee shall select a site in the State of Georgia which it deems best

THURSDAY, FEBRUARY 19, 1970

1449

suited for the construction of the prison. In view of the fact that the women's prison is presently located in Baldwin County, that locality should be given con sideration by the Committee along with other localities in the State of Georgia, but this shall not be con strued in any manner as a recommendation from the General Assembly, either express or implied, that a Baldwin County site should be selected by the Com mittee. The Committee shall be composed of nine (9) members as follows: The Governor or his designee; the Lieutenant Governor or a member of the Senate desig nated by him; the Speaker of the House of Representa tives or a member of the House designated by him; one member appointed by the Lieutenant Governor who need not be a member of the Senate; one member ap pointed by the Speaker who need not be a member of the House; the Chairman of the Penal and Corrections Affairs Committee of the Senate; the Chairman of the State Institutions and Property Committee of the House; the Chairman of the Appropriations Committee of the Senate; and the Chairman of the Appropria tions Committee of the House.

Provided that from the above amount of $433,000.00 the sum of $160,000.00 from Authority Lease Rentals shall be used for the purpose of constructing a work release facility. Not more than $100,000.00 shall be used for planning. The Committee provided for hereinafter shall approve all plans and no bond money shall be expended until such plans are approved by the Committee. The Committee shall select a site in the State of Georgia which it deems best suited for the construction of such facility. The Committee shall be composed of five (5) members as follows: The Gov ernor or his designee; the Lieutenant Governor or a member of the Senate designated by him; the Speaker of the House of Representatives or a member of the House designated by him; the Chairman of the Ap propriations Committee of the Senate; and the Chair man of the Appropriations Committee of the House.

Section 38. Pardons and Paroles, State Board of. 1970-71 __._.________._....__...___,,______$ 1,355,000.00.

Section 39. Probation, State Board of. For the cost of operating the statewide probation system, ad ministered by the State Board of Probation.
1970-71 ~-_____.__________________________$

2,058,355.00

Changed objects: Personal Services _. Operating Expenses

1,717,042.00 347,313.00.

1450

JOURNAL OP THE SENATE,

EDUCATION

Section 40. State Board of Education--Depart ment 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 textbooks for children attending public com mon schools; for the salaries of county school superin
tendents; for the operating costs of the Department; for educational grants, including the grants to teach ers for scholarships, as provided by law; and for any other expense authorized by law, payable from the com mon schools funds, including the cost of the Teachers' 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 em ployer contributions to the Teachers' Retirement Sys tem applicable to such salary.
1970-71 ..__.__._.________..__._____.___$ 400,660,810.90
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 Feder al funds in lieu of State funds under the terms of the
Federal Act, except 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 re duction of the State appropriation for programs 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 certified profes sional personnel serving as principals, instructional supervisors, visiting teachers, librarians, guidance

THURSDAY, FEBRUARY 19, 1970

1451

counselors, and other certificated professional per sonnel.

Provided that $50,000.00 in operating expenses shall be used to provide vocational rehabilitation serv ices to eligible persons who have renal diseases.

Provided that maintenance, operation and sick leave payments shall be based on the rate of $1,250.00 per State allotted teacher.

Changed objects:

Teachers Salaries .__._.________--.__.$ 229,975,501.00

Other Certificated Professional Personnel Salaries ._____-___..___.$ 38,326,286.00

Maintenance, Operation and Sick Leave _._$ 42,286,119.00

Isolated Schools .._.._------_______._...__$

45,582.00

Grants for Pilot Programs for Autistic Children __._________.________..$

500,000.00

Superintendents' Salaries --___._.____--____$ 2,368,062.00

Public Librarians' Salaries and Travel.___$ 1,706,725.00

Teachers' Retirement Employer Contribution __..._.__________._$ 20,337,404.90

Vocational Education High School Program __$ 4,519,648.00

Area Vocational Technical School Program .__.____.__....__.____.___$ 13,638,610.00

Educational Services Across County Lines _.--._.___.__________$ 1,061,250.00

B. Capital Outlay--Authority Lease Rentals. 1970-71 __-_..__-_..--___________._._._...$ 24,471,999.00

For Capital Outlay purposes, including Lease Rentals obligations of the State Board of Education, Department of Education to Georgia Education Au thority (Schools) in accordance with Lease Rental Contracts.
Provided that from the above appropriation, the amount of $3,300,000.00 is designated and committed for additional Lease Rentals to said Authority to per mit the issuance of bonds to finance new projects.

1452

JOURNAL OF THE SENATE,

Changed objects:
Grants to School Systems for Capital Outlay Purposes -_._________.__-_$
Direct Payments to School Systems for Capital Outlay Purposes ___________$
Authority Lease Rental Payments to the Georgia Education Authority (Schools) on behalf of School Systems ___.__._._.____.$

--0-- 2,191,613.00 21,885,884.00

Section 41. Educational Improvement Council. 1970-71 _.....____.___._....._.._.________-...__..$

125,030.00

Section 42. Higher Education Assistance Com mittee.
1970-71 __._....___.._.____________________.$

1,035,040.00

Changed object:
Operating Expenses: For contract with Geor gia Higher Education Assistance Cor poration ___.____________-_- -$

835,040.00

Provided, that in order to obtain a loan as speci fied in the Governor's recommendations in the Budget Report, it shall not be necessary that an applicant have been rejected by at least two lending institutions, and it shall not be necessary that the Higher Education Assistance Corporation seek to locate a willing lender.

Section 43. Medical Education Board. For cost of operation of the State Medical Education Board, including the payment of medical scholarships as au thorized by provision of the Georgia State Constitu tion.
1970-71

222,000.00

Changed objects: Operating Expenses ..._._._._.._..__.__...__._.$ Scholarships -___.__._.____._.__._____$

17,750.00 204,250.00

Section 44. Ocean Science Center of the Atlantic 1970-71 .__________.._._._.__---_. ._$

622,880.00

Changed objects: Capital Outlay _____.___~_____ Skidaway Institute of Oceanography

235,500.00 --0--

THURSDAY, FEBRUARY 19, 1970

1453

Section 45. Public School Employees' Retire ment System.
1970-71 _______________________________________-._-_-_-.-_-.$

2,501,217.00

Section 46. State Board of Regents.

A. The general cost of operation of the Board; for aid to the University System; for annual pay ment of $8,000.00 to the University of Georgia for old stock items; for scholarships authorized by law, $200,000.00; for the support of research and the cost of use and/or acquiring additions to plant and equip ment for the University System; for the cost of Teachers' Retirement Employer contributions. Pro vided that where personnel are paid in whole or in part from funds other than State appropriations, the fund sources from which such salary is paid shall pay the pro rata part of the cost of any employer contri bution to the Teachers' Retirement System applicable to such salary.
1970-71 ____-_______.__.__._._______$ 158,630,600.00

Changed objects: Personal Services _________________$ 165,406,000.00 Capital Outlay _______________..._.__.$ 13,340,000.00 Operating Expenses .________...._..__.__.$ 44,747,178.00 Authority Lease Rentals ___._______--$ 18,578,641.00

Provided that from appropriated funds, the amount of $18,578,641.00 is designated and committed to guarantee payment of lease rental contracts as a first charge on such funds. Provided that from said appropriation for Lease Rentals, the amount of $2,500,000.00 is designated and committed to pay rentals to the Georgia Education Authority (Uni versity) to permit the issuance of new bonds to finance new projects. Provided none of the funds herein pro vided as capital outlay authority lease rental shall be available for the purchase of any books whatsoever. Provided that the State Board of Regents shall, with in the first 30 days of the fiscal year, make an ap portionment of funds to the various units of the Uni versity 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 Constitu tion. The Board of Regents shall immediately report the same to the State Budget Authorities for ap proval, whose approval shall be evidenced in writing.

1454

JOURNAL OF THE SENATE,

No funds realized by the State Board of Regents of the University System or any school or college, from the General Fund of the State, from the Federal government, or from donations, gifts, earnings, fees, rents, sales or other sources of income shall be avail able for use or expenditure for educational and gen eral or plant purposes until made available by written approval of the Budget Bureau, in accordance with the provisions of the Budget Act as amended. Provided that funds from donations, gifts, earnings, fees, and any other source of income shall be available to sup port further lease rental agreements for dormitories and other school buildings, with the approval of the Budget Bureau. Such further contracts may be en tered into not to exceed $750,000.00 per annum.

Provided the sum of $100,000.00 is allocated for operations, planning, and site preparation of the Agrirama at the Coastal Plains Experiment Station.

Provided, however, that from the fund desig nated in the audit of the Board of Regents for 1969 as reserve for failure of Federal funds, $1,000,000.00 shall be used by the Board of Regents for the general cost of operation.

B, Eugene Talmadge Memorial Hospital--State Board of Regents.
1970-71 ___________.___________.___.$

7,333,000.00

Section 47. State Scholarship Commission. 1970-71 _____.________.___._____

-$ 1,119,000.00

Changed object: Scholarships ___________________._.$

1,000,000.00

Section 48. Teachers' Retirement System. For the State's contribution to the Teachers' Retirement Floor Fund.
1970-71 _________________.______$

347,000.00

Section 49. Public Welfare, Department of Fam ily and Children Services.

A. For the cost of operations of the State Welfare Programs.
1970-71 ______________________.$

3,990,800.00

THURSDAY, FEBRUARY 19, 1970

1455

B. Benefits--Adult Programs for matching Fed eral funds to provide benefits to the aged, the blind, and the totally and permanently disabled.
1970-71 _____________________________________._____$

17,137,461.00

Changed object: Benefits--Adult Programs

....._..._..$ 90,798,020.00

C. Benefits--AFDC Program. For matching Federal funds to provide benefits to families with dependent children.
1970-71 .___...__._._________________,,_$

17,866,743.00

Changed object:

Benefits--AFDC Programs

._$ 88,682,417.00

D. Benefits--Division for Children and Youth. For other children and youth care as authorized by law.
1970-71 __._..________________________$

1,658,406.00

Provided, however, that in the event a surplus is anticipated 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 authority to make such transfer, subject to ap proval by the Fiscal Affairs Subcommittees.

E. Grants to Counties for administration and services. For the cost of participating with the Fed eral government and counties in the administration of local welfare programs.
1970-71.-_____.__________._____._$

10,526,255.00

Changed object: Grants to Counties

30,189,900.00

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.
1970-71 __________.-___________._.._._...$

9,458,900.00

Provided, however, the $600,000.00 allotted under this Section for grants to county-owned detention centers shall be distributed to the several counties

1456

JOURNAL OF THE SENATE,

for operating expenses of the said centers without restriction.

The Department of Family and Children Services shall construct the Youth Security Development Center in the area that will best serve the needs of the youth of Georgia as determined by the Department.

G. Other Institutions. For the cost of operation of the Confederate Soldiers' Home and the Georgia Factory for the Blind.
1970-71 -----___-________.--___.__....?

Section 50. Department of Public Health.

158,000.00

A. Capital Outlay--Authority Lease Rentals-- Annual Lease payments to Georgia Building Authority (Hospitals).
1970-71 __-__----.__.__.__--------__.$

5,884,000.00

Provided that from the above appropriation, the amount of $1,774,000.00 is designated and committed to pay rentals to the Georgia Building Authority (Hospital) to permit the issuance of bonds to finance new projects.

The Regional Hospital at Rome shall be designated as the 'Northwest Georgia Regional Hospital'. The Regional Hospital at Columbus shall be designated as the 'West Central Georgia Regional Hospital'.

B. Central State Hospital. For the cost of opera tion, including pre-admission and post-discharge serv ices.

1970-71

__._.______.$ 34,875,551.00

Changed objects: Personal Services Capital Outlay _.

27,721,130.00 1,800,000.00

Provided, however, that when patients are trans ferred from Central State Hospital to the Adult Foster Home Program, the Budget Bureau is authorized to transfer that portion of the above appropriation to the Regular Operations appropriation (Section 50K) which will defray the cost to the State of Adult Foster Home payments entailed by such patient transfer.

THURSDAY, FEBRUARY 19, 1970

1457

C. Georgia Mental Health Institute. For the cost of operation, including pre-admission and post-dis charge services.
1970-71 -_____..._...____.___.____________.____.$
Changed objects: Personal Services _..__.__.._._..__._...._.__$ Operating Expenses _._.__.__.____....__._... $
Provided that of the above appropriation, $100,000.00 shall be used to initiate a pilot program for the treatment of drug addiction; $100,000.00 shall be used for research; and at least $100,000.00 shall be used for the alcoholics unit at the Georgian Clinic.
D. Georgia Regional Hospital at Atlanta.
For the cost of operation, including pre-admission and post-discharge services.
1970-71 _________________________________.._.__..___-____$
E. Georgia Regional Hospital at Augusta.
For the cost of operation, including pre-admission and post-discharge services.
1970-71 __________..___._______._.__$
F. Georgia Regional Hospital of Savannah.
For the cost of operation, including pre-admis sion and post-discharge services.
1970-71 --___-_______.________________.__________.$
G. Georgia Retardation Center.
For the cost of operation, including pre-admission and post-discharge services.
1970-71 ..__._._.__.____._._...__..._____.._.._._.___...$

6,304,200.00 5,129,712.00 1,562,934.00
5,557,900.00 4,041,300.00 3,160,000.00 6,597,105.00

H. Gracewood State School and Hospital.

For the cost of operation, including pre-admission and post-discharge services.
1970-71 ___________---____.._._____.$ 10,896,820.00

Changed objects: Personal Services __.._.____________________$ Capital Outlay ______________.____$

8,059,887.00 1,635,455.00

1458

JOURNAL OF THE SENATE,

Provided, however, that when patients are trans ferred from Gracewood State School and Hospital to the Adult Foster Home Program, the Budget Bureau is authorized to transfer that portion of the above ap propriation to the Regular Operations appropriation (Section 50K) which will defray the cost to the State of Adult Foster Home payments entailed by such pa tient transfer.

Provided that from the above appropriations, the sum of $68,419.00 shall be used to employ additional nurses to provide adequate service on evening and night shifts.

I. Medical Assistance Program. For the cost of operation.
1970-71 _______________________________.____$ 24,314,345.00

Changed object: Benefits ______

81,714,867.00

J. Medical Facilities Construction. For aid to local government subdivisions in establishing, con structing and equipping health facilities to be ad ministered and expended in the same manner as other public health funds, and in accordance with the pro visions of the Hill-Burton Act, as amended, and the Mental Retardation Facilities and Community Mental Centers Construction Act of 1963 of the United States Congress, and the rules and regulations of the State Board of Health.
1970-71 _________________-_____ -$

1,800,000.00

Changed object: Operating Expenses

._$ 10,538,761.00

K. Regular Operations. For the cost of operation.
1970-71 --_______________________________$ 19,728,578.00

Changed objects: Operating Expenses ___. Grants ____--_____

6,635,385.00 10,429,113.00

Provided that of the above amount at least $425,000.00 from operating expenses shall be used for Day Care Centers for the Mentally Retarded, and at least $129,900.00 shall be used to initiate an Adult Foster

THURSDAY, FEBRUARY 19, 1970

1459

Home Program for improved mentally ill and mentally retarded patients in State institutions.

L. Southwestern State Hospital. For the cost of operation, including pre-admission and post-discharge services.
1970-71 _._______________--___---$

5,664,000.00

M. Tuberculosis Control Program. For the cost of operation, including in-patient hospital care, diag nostic services and field investigation; for the train ing of staff and early development of services for the mentally ill to be provided by the Georgia Regional Hospital at Rome.
1970-71 ________.____.________-__$

3,881,700.00

N. Water Quality Control Division. For the cost of operation.
1970-71________-___...______.._.......$

635,544.00

Changed objects: Personal Services ____ Operating Expenses ___

574,238.00 181,706.00

Provided that for the purpose of receiving Federal matching funds under Titles XVIII and XIX of the Social 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 institu tion in payment for services to eligible recipients; and shall have authority to use Title XVIII and Title XIX reimbursements and other project funds in excess of the amounts contemplated in the Governor's Budget Recommendations for 1970-71 for operating expenses and additional personnel as necessary to meet require ments for payment or reimbursement, subject to prior approval by the State Budget Bureau.

HIGHWAYS
Section 51. Highway Department.
A. Appropriation of all funds in subsections A., B., and C. of this Section 51 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 received by the State Treasurer in the immediately preceding year, less the amount of

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refunds, rebate and collection costs authorized by law. The fiscal officers of the State are hereby di rected, 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 fiscal 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.

For general administrative cost of operating the Highway Department, including equipment and com pensation claims.

For lease rental obligations of the Highway De partment to Georgia Highway Authority and the Georgia Building Authority in accordance with lease rental contracts now in existence or hereafter entered into in connection with new projects approved by the Highway Department. Provided that in the event that lease rental obligations shall be less than the amount provided in the amended Budget Report, such excess amount may be used and is herein specifically appro priated for new authority lease rentals to permit the issuance of bonds to finance new projects.

For State matching participation in costs of con struction, reconstruction, improvement in highways, and highway planning, in cooperation with the Fed eral government, including all cost items incident thereto. Funds appropriated for the fiscal year shall be available for matching Federal appropriation for the same year. For the cost of road and bridge construc tion 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 substitute Federal aid projects to secure the full benefit of the Federal aid program. Provided, further, that in order to meet the require ments of the Interstate System with regard to com pletion by a date fixed by existing Federal Statute of Federal-State 90-10 projects, the Budget Bureau is hereby authorized and directed to give advanced bud getary authorization for the letting and execution 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.
1970-71 ____-__.__.___....,,,,_........._....,,...,_.$ 140,682,987.00

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Changed objects: Operating Expenses _._..________________________,,_$ Authority Lease Rental -_.__._.____....$

24,695,745.00 21,253,727.00

From the above amount of $400.00 per annum across the board salary increase shall be paid to all full-time employees of the State Highway Depart ment.

From the above appropriation the Highway De partment shall provide to the General Assembly prior to January 10, 1971, the five year Capital Outlay Plan required by the Budget Act so that in considering the appropriation at the 1971 regular session the Gen eral Assembly may know the projected Highway needs, the projected resources to meet the need, and the plans of the Highway Department of the develop ment of the primary, secondary, and Interstate High way system.

B. Grants to counties. For grants to counties for aid in county road construction and maintenance.
1970-71 .....__.___._.._.______.__....________.$

4,817,013.03

C. For grants to counties for aid in county road construction and maintenance,
1970-71 ___......._______._____...__.
Provided that the appropriations in B. above shall be distributed and disbursed by the State Treasurer as provided by law.
The sum appropriated under C. shall be dis tributed and disbursed to the various counties of the State by the State Treasurer in the same propor tional basis to each county as the proportion of each county's total public road mileage is to the total pub lic road mileage in the State, as such mileage in formation is furnished by the State Highway De partment.
Provided, further, that a member of the govern ing authority of the county, designated by such au thority, 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 De partment. 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 de-

4,500,000.00

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ducted from funds granted to such county in any future year.

D. Capital Outlay--Airport Development--State Share of Airport Development.
1970-71 __.____._____-_____.___.$

140,000.00

Section 52. Grants to Counties and Municipali ties.

A. Grants to Municipalities. For grants to mu nicipalities in accordance with the Act approved March 31, 1965 (Ga. Laws 1965, p. 458), as amended.
1970-71 ______.__..___________..__.$

9,317,000.00

Provided, further, that a member of the governing authority of the municipality, designated by such au thority, shall execute an affidavit annually that funds received under this Section have been expended in accordance with the law and the Constitution, and file the same with the State Treasurer. At the request of the Governor or the Budget Bureau or the Director of the State Highway Department, the State Auditor shall cause an audit to be made of any municipality to determine the use of such funds. The expense of such audit shall be deducted from funds granted to such municipality in any future year,

B. Grants to counties. 1970-71 ____-____._____.______$ 2,600,000.00

For grants to counties in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 888).

C. Grants to municipalities. 1970-71 .__.___.___.______________-$ 4,200,000.00

For grants to municipalities in accordance with the Act approved April 21, 1967 (Ga. Laws 1967, p. 889).
PART IV.
MISCELLANEOUS
Section 53. 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

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requires expenditure of any part of said fund. Ex penditures from this fund shall be made in accordance with other provisions of State Law and the Constitu tion.
1970-71 ___________--_____---__.$
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 shrinkage in the process of re tailing gasoline as authorized by Act of Georgia Gen eral 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 Con stitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in existence or as pro vided for in this Appropriations Act between any de partment, agency or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional pro vision, as amended, or appropriated for the fiscal year beginning July 1, 1970, 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 hereby appropriated for lease rentals are to pay the general obligations 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 appropria tions made and authorized under this Act shall be according to the objects and for the programs and ac tivities as specified in the Governor's recommendations

1463 2,000,000.00

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contained in the amended Budget Report submitted to the General Assembly at the regular 1970 session, ex cept as otherwise specified in this Act; provided, how ever, the Director of the Budget is authorized to make internal transfers within a budget unit between ob jects and programs subject to the conditions that no fund whatsoever shall be transferred for use in initiat ing 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 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 re port to the Appropriations Committees of the Senate and House of Representatives of all instances re vealed in his audit in which the object expenditures of any department, bureau, board, commission, insti tution 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 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 Gov ernment, 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 approved in the same manner and under the same conditions provided herein before for transfers.

Section 57. In the event it is determined by the Budget 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 obli gated funds, as provided by Georgia Code Section 40-418 (Ga. Laws 1962, p. 17).

The amount of the appropriations so reduced as directed herein and as determined by the Budget Bureau shall cease to be an obligation of the State. Provided, further, the Budget Bureau is hereby di rected to economize wherever possible and in the event any part of the appropriations provided in the fore going Section of this Act shall be in excess of the

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1465

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
1970-71 ___.____-_._____-___--.___^1,081,773,064.90
Section 58. All laws and parts of laws in con flict with this Act are hereby repealed."
Section 22. Wherever in this Act the term "Changed Objects" is used, it shall mean that the object classifications following such term shall be changed to the amounts following such object clas sifications from the amounts listed in the Budget Re port therefor. Such changes shall be for both fiscal years.
Section 23. This Act shall become effective up on its approval by the Governor or upon its becoming law without his approval.
Section 24. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Webb of the llth moved that the Senate adopt the Conference Committee report on HB 1100.

The Conference Committee report, involving appropriations, 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 Patton
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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The call of the roll was verified.

On the adoption of the Conference Committee report, the ayes were 56, nays 0, and the Conference Committee report on HB 1100 was adopted.

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following bill of the House was taken up for the purpose of con sidering a Conference Committee report thereto:

HB 228. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A bill to amend Code Section 27-2502, relating to determinate sen tences for felonies not punishable by life imprisonment, so as to pro vide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

The Conference Committee report was as follows:
CONFERENCE COMMITTEE REPORT ON HB 228
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 228 has met and submits the following report and recommendations:
That the House and Senate recede from their respective positions on said bill and that the attached substitute to HB 228 be adopted.
Respectfully submitted,
FOR THE HOUSE: /s/ Arthur Gignilliat
Representative, 89th District /s/ Jack N. Gunter
Representative, 6th District /s/ J. Robin Harris
Representative, 77th District
FOR THE SENATE: /s/ Paul C. Broun
Senator, 46th District /s/ Robert H. Smalley, Jr.
Senator, 28th District /s/ Edward H. Zipperer
Senator, 3rd District

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A BILL
To be entitled an Act to amend an Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to indeterminate sentences, ap proved March 18, 1964 (Ga. Laws 1964, p. 483), so as to provide for sentencing in felony criminal cases; to revise procedures with respect thereto, more particularly, to provide for pre-sentence hearings in which evidence of prior criminal convictions shall be presented to the jury; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act repealing an Act providing for indeterminate sentences in cases of felonies not punishable by life imprisonment and other Acts relating to indeterminate sentences, approved March 18, 1964 (Ga. Laws 1964, p. 483), is hereby amended by adding a new Section between Sections 1 and 2, to be designated as "Section 1A", to read as follows:
"Section 1A. At the conclusion of all felony cases and after argument of counsel and proper charge from the court, the jury shall 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 presentence hearing before the jury at which time the only issue shall be' the determination of punishment to be imposed. In such hearing, subject to the laws of evidence, the jury shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of nole contendre of the defendant, or the absence of any such prior criminal convictions and pleas; provided, however, that only such evidence in aggravation as the State has made known to the de fendant prior to his trial shall be admissible. The jury shall also hear argument by the defendant or his counsel and the prosecuting attorney, as provided by law, regarding the punishment to be im posed. 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 as provided by law. If the jury cannot, within a reasonable time, agree on the punishment, the judge shall impose sentence within the limits of the law; pro vided, however, that the judge shall in no instance impose the death penalty when the jury cannot agree upon the punishment. 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."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Broun of the 46th moved that the Senate adopt the Conference Com mittee report on HB 228.

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On the motion, Senator Broun 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 Broun of 46th Brown of 47th Chapman Coggin Fincher of 51st Fincher of 54th Garrard Hardy Hensley

Holley Holloway Jackson Kennedy Kidd London McGill Miller Noble Padgett

Patton Reeder Reynolds Smith of 34th Starr Stephens Trippe Tysinger Walling Zipperer

Those voting in the negative were Senators:

Abney Andrews Bateman Carter Cox Dean Doss Eldridge

Hill
Hudgins Johnson Riley Rowan Scott Searcey

Smalley Smith of 18th Spinks Vann Ward Webb Young

The roll call was verified.

On the motion, the ayes were 31, nays 22; the motion prevailed, and the Conference Committee report on HB 228 was adopted.

The following local uncontested bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage:

SB 534. By Senators Johnson of the 38th, Ward of the 39th, Garrard of the 37th and others:
A bill to amend an Act to create a system of traffic courts, so as to allow the governing authority to provide for determination of the number and the civil service status of certain employees of the traffic court; 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 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Johnson of the 38th moved that SB 534 be immediately transmitted to the House.

On the motion, the ayes were 41, nays 0; the motion prevailed, and SB 534 was immediately transmitted to the House.

The following bills and resolutions of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 255. By Mr. Henderson of the 117th: A bill to amend an Act known as the "Voluntary Sterilization Act", so as to provide that it shall be lawful for any physician or surgeon to perform a sterilization procedure on any person, if requested in writing to do so by or on behalf of such person; and for other purposes.
The report 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 3.
The bill, having received the requisite constitutional majority was passed.
HB 1480. By Mr. Busbee of the 61st: A bill to amend an Act known as the "Statewide Probation Act", so as to provide that all officials, personnel and employees of the State Board of Probation, except members of the State Board of Probation, shall be under the State Merit System; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1375. 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 the provisions for disposing of contraband wild life or parts thereof which have been seized under the provisions of said Act; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1456. By Mr. Connell of the 79th: A bill to amend Code Section 92-6202.1 relating to the automatic re turn of exemptions, so as to include within the provisions thereof per sonal property exemptions; and for other purposes.
The report 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 1282. By Messrs. Hawes and Felton of the 95th, Jones of the 84th and others: A bill to require that the Department of Archives and History make certain of its facilities available for the use of the general public on certain Saturdays; to provide that the Department may close its fa cilities on any Monday, if it so chooses; 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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1471

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1370. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net income, so as to con form their meaning to the meaning such terms have in the United States Internal Revenue Code of 1954 in force and effect on January 1, 1970; and for other purposes.

The report 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.

HB 1390. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th and others:
A bill to authorize the State Department of Archives and History to study the problem of record-keeping in Fulton County and to make recommendations to the governing authorities and the various officers and department heads, including the tax authorities of Fulton County and to make recommendations on the reduction and management of records; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 35, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HR 687. 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 27, 1969, suspending the collection of the Geor-

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gia tax levied by an Act approved April 18, 1967 (Ga. L. 1967, p. 788), as amended, upon leases of lands, tenements, standing timber or other realty or any lease of any estate, interest or usufruct therein 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 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 683. 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 27, 1969, suspending the collection of taxes im posed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on certain tangible personal property purchased outside the State of Georgia and subsequently brought into this State as a result of the purchaser becoming domiciled herein until the next meeting of the General 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 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 684. 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 April 1, 1969, suspending the collection of penalties and interest on all ad valorem taxes imposed on motor vehicles for 1969 which are returned for taxation on ad valorem taxes paid thereon on or before April 21, 1969, 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.

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1473

On the adoption of the resolution, the ayes were 42, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 685. 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 December 30, 1969, suspending the collection of the tax imposed by the General Retailers' and Consumers' Sales and Use Tax Act, on fares and charges collected by publicly or privately owned urban transit systems for the transportation of passengers 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 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 686. 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 27, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale of food to certain private non-profit, accredited ele mentary schools 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 42, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 688. 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 27, 1969, suspending the collection of taxes

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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 42, 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 adopted the following resolutions of the Senate, to-wit:

SR 249. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution relative to Callaway Gardens; and for other purposes.

SR 250. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution requesting the Georgia Historical Commission to render assistance and advice in the development of Westville as a tourist attrac tion; and for other purposes.

The House has agreed to the Senate amendments to the following bills and resolutions of the House, to-wit:

HB 1522. By Mr. Funk of the 92nd:
A bill to incorporate the City of Savannah Beach, Tybee Island; to create a new charter for said City; to provide the corporate boundaries of said City; 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 prac ticing medicine "D.O." and "Doctor of Osteopathy"; and for other purposes.

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1475

HB 1552. By Mr. Grahl of the 40th:
A bill to abolish the present mode of compensating the Tax Commis sioner of Crawford County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HR 617. By Messrs. Brown and Melton of the 32nd:
A resolution proposing an amendment to the Constitution so as to pro vide that the first Spalding County Grand Jury drawn in 1971, and each four years thereafter, shall review the salaries of all elected, salaried officers of the county, and recommend such salary increases as are thought to be necessary or desirable; and for other purposes.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1565. By Messrs. Higginbotham, Floyd and Davis of the 75th and others:
A bill to change the compensation of the judges of the juvenile courts in certain counties; and for other purposes.

The House has agreed to the Senate substitute to the following resolution of the House, to-wit:

HR 680. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to empower the Board of Commissioners of Henry County to license and regulate businesses in the unin corporated areas of Henry County; and for other purposes.

The House has agreed to the Senate amendment to the following bills of the House, to-wit:

HB 1578. By Messrs. Kreeger, Wilson and McDaniell 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 change the corporate limits of said city; and for other purposes.

HB 1610. By Mr. DeLong of the 80th:
A bill to amend an Act abolishing justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta, so as to define the jurisdiction and powers of said court; and for other purposes.

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The House has agreed to the Senate substitute to the following resolution of the House, to-wit:

HR 665. By Mr. Ballard of the 23rd:
A resolution proposing an amendment to the Constitution of the State of Georgia so as to authorize the General Assembly to empower the governing authority of Newton County to enact ordinances for the po licing and governing of said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of said ordinances; and for other purposes.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1499. By Mr. Lewis of the 37th:
A. bill to provide that the boards of education of certain counties shall expend no State funds for or in connection with the transfer during midterm of either faculty members or students in order to comply with any order of any Federal 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 1100. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing appropriations for the fiscal years 1969-70 and 1970-71, known as the "General Appropriations Act", ap proved April 28, 1969 (Ga. L. 1969, p. 880), so as to change the ap propriations and provisions relative to the fiscal years 1969-70 and 1970-71; 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 1373. By Mr. Rainey of the 47th:
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 repeal an Act prohibiting the possession of certain shrimp; to provide for the revocation of certain licenses; and for other purposes.

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1477

HB 1671. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act placing the clerk of the superior court of Worth County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of said officer; and for other purposes.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1052. By Mr. Douglas of the 42nd:
A bill to amend an Act providing for personal jurisdiction over any non-resident, his executor or administrator as to a cause of action arising from the transaction of business in this State; commission or tortious act within this State, using or possessing real property situated within this State, as to causes of action arising from certain omissions, or from tortious injury; and for other purposes.

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 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.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Lowrey of the 9th, Collins of the 62nd, and Reaves of the 71st.

The House has agreed to the Senate amendment to the following bills of the House, to-wit:

HB 1440. 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 1437. By Mr. Harrison of the 66th:
A bill to create and establish the Folkston-Charlton County Airport Authority; and for other purposes.

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HB 1438. 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 to provide for a referendum; and for other purposes.

HB 1439. By Mr. Harrison of the 66th:
A bill to amend an Act creating a Board of Commissioners of Charlton County, so as to increase the number of Commissioners; and for other purposes.

HB 1093. By Mr. Gaynor of the 88th:
A bill to amend an Act revising, altering and consolidating into a com prehensive Act all laws relating to the Municipal Court of Savannah, so as to authorize retirement benefits for the judges of said Court; and for other purposes.

HB 1442. By Mr. Dodson of the 82nd:
A bill to be entitled an Act to create the Macon-Bibb County "Citizens Commission on Efficiency and Economy in Government in Macon and Bibb County"; and for other purposes.

The following reports of standing committees were read by the Secretary:

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 bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1432. Do pass by substitute. Respectfully submitted, Pennington of 45th District, Chairman.
Senator Brown of the 47th District, Acting 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

THURSDAY, FEBRUARY 19, 1970

1479

the following resolution of the House and has instructed me as Acting Chairman, to report the same back to the Senate with the following recommendations:
HR 846. Do pass as amended. Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 resolution of the House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
HR 843. Do pass. Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommenda tions:
HB 898. Do pass. HB 1501. Do pass. HB 1547. Do pass by substitute. HB 1568. Do pass. HB 1569. Do pass. HB 1586. Do pass. HB 1587. Do pass. HB 1621. Do pass. HB 1637. Do pass. HB 1694. Do pass. HB 1699. Do pass.

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HR 648. Do pass. HR 810. Do pass. HR 736. Do pass by substitute.
Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 House and has instructed me, as Act ing Chairman, to report the same back to the Senate with the following recommendations:
HB 1398. Do pass. HB 1428. Do pass. HB 1429. Do pass. HB 1500. Do pass. HB 1508. Do pass. HB 1538. Do pass. HB 1539. Do pass. HB 1540. Do pass. HB 1542. Do pass. HB 1551. Do pass. HB 1602. Do pass. HB 1616. Do pass. HB 1617. Do pass. HB 1649. Do pass. HB 1652. Do pass. HB 1667. Do pass. HB 1668. Do pass as amended. HB 1673. Do pass. HB 1674. Do pass. HB 1682. Do pass. HB 1683. Do pass.

THURSDAY, FEBRUARY 19, 1970

1481

HB 1684. Do pass. HB 1686. Do pass. HB 1693. Do pass. HB 1695. Do pass. HB 1705. Do pass. HB 1709. Do pass. HB 1713. Do pass. HR 814. Do pass by substitute. HR 824. Do pass. HR 825. Do pass as amended. HR 851. Do pass by substitute. HR 853. Do pass.
Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th District, Acting 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 House and Senate and instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
SB 553. Do pass. SB 554. Do pass. SB 555. Do pass. SB 556. Do pass. HB 1441. Do pass. HB 1461. Do pass. HB 1462. Do pass. HB 1463. Do pass. HB 1533. Do pass. HB 1534. Do pass. HB 1593. Do pass. HB 1594. Do pass.

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HB 1599. Do pass. HB 1604. Do pass. HB 1609. Do pass. HB 1627. Do pass. HB 1628. Do pass. HB 1629. Do pass. HB 1631. Do pass. HB 1633. Do pass. HB 1634. Do pass. HB 1635. Do pass. HB 1642. Do pass. HB 1645. Do pass. HB 1646. Do pass. HB 1653. Do pass as amended. HB 1654. Do pass. HB 1658. Do pass. HB 1659. Do pass. HB 1660. Do pass. HB 1661. Do pass. HB 1662. Do pass. HB 1676. Do pass. HB 1678. Do pass. HB 1672. Do pass. HB 1690. Do pass. HE 738. Do pass by substitute. HR 743. Do pass. HR 812. Do pass. HR 841. Do pass.

Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Smith of the 18th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:

THURSDAY, FEBRUARY 19, 1970

1483

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 recommendations:
HB 1343. Do pass.
Respectfully submitted,
Smith of 18th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 191. Do pass by substitute. HB 921. Do pass. HB 1155. Do pass by substitute.
Respectfully submitted, Smith of 18th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1204. Do pass. HB 1228. Do pass. HB 1352. Do pass. HB 1353. Do pass. HB 1403. Do pass. HB 1576. Do pass.

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HB 1601. Do pass. HB 1626. Do pass. HB 1632. Do pass. HB 1639. Do pass. HB 1701. Do pass.

Respectfully submitted, Smalley of 28th 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 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 1129. Do pass. Respectfully submitted, Padgett of 23rd 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 and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1663. Do pass. HR 829. Do pass. HR 849. Do pass.
Respectfully submitted, Fincher of 51st District, Chairman.

Senator Webb of the llth District, Chairman of the Committee on Retire ment, submitted the following report:

THURSDAY, FEBRUARY 19, 1970

1485

Mr. President:

Your Committee on Retirement 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:
HB 1077. Do pass by substitute. HB 1087. Do pass. HB 1088. Do pass. HB 1141. Do pass as amended. HB 1182. Do pass. HB 1190. Do pass. HR 624. Do pass by substitute. HB 1061. Do pass.
Respectfully submitted, Webb of llth 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 Senate and has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
SR 334. Do pass. Respectfully submitted, Smith of 18th District, Vice-Chairman

The following resolution, favorably reported by the committee, was read the third time, and put upon its passage:

HR 544. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that personal clothing and effects, household furniture, furnishings, equip-

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ment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by striking therefrom the following paragraph:

"All personal clothing, household and kitchen furniture, per sonal property used and included within the home, domestic animals and tools, and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.",

and substituting in lieu thereof the following paragraph:

"If not held for sale, rental or other commercial use, personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; tools and implements of trade of manual laborers and domestic animals are exempt from State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value."

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 personal clothing and effects, household furniture,
NO ( ) furnishings, equipment, appliances and other personal property used within the home, from all ad valorem taxation; tools and implements of trade of manual laborers and domestic animals are exempt from state, county, municipal and school district ad valorem taxes, in an amount not to exceed $300 in actual value?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State.

THURSDAY, FEBRUARY 19, 1970

1487

Senator Holley of the 22nd offered the following substitute:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following paragraph:

"All personal clothing, household and kitchen furniture, per sonal property used and included within the home, domestic ani mals and tools; and implements of trade of manual laborers, but not including motor vehicles, are exempted from all State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value.",

and substituting in lieu thereof the following paragraph:

"The General Assembly is hereby authorized to provide by law that all personal clothing and effects, household furniture, fur nishings, equipment, appliances and other personal property used within the home, if not held for sale, rental or other commercial use, shall be exempt from all ad valorem taxation. The General Assembly is further authorized to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in an amount not to exceed $300.00 in actual value."

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 au thorize the General Assembly to provide by law that
NO ( ) all personal clothing and effects, household furni ture, furnishings, equipment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; and to further
authorize the General Assembly to provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad

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valorem taxes, in an amount not to exceed $300.00 in actual value?"

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.

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 adoption of the resolution, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy London Miller Noble Padgett Patton 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

Voting in the negative was Senator McGill. By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 51, nays 1.

THURSDAY, FEBRUARY 19, 1970

1489

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

The President resumed the Chair.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 100. By Messrs. Murphy of the 19th, Paris of the 14th and others:
A bill to amend Chapter 92-31 of the Code of Georgia, relating to the imposition, rate and computation of Georgia Income Tax, and exemp tions and deductions thereunder, so as to change the rate of taxation imposed on individuals; and for other purposes.

Senator London of the 50th moved that HB 100 be tabled.

On the motion, the ayes were 38, nays 7; the motion prevailed, and HB 100 was tabled.

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th: A bill to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purpose of providing ambulance services for emergency care and treatment; and for other purposes.
The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to amend Code Chapter 92-37, relating to taxation by counties, as amended, so as to authorize counties to levy and collect taxes for the purpose of providing ambulance services; to declare the providing of such ambulance services to be a public service; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 93-37, relating to taxation by counties, as amended, is hereby amended by adding a new Code Section to be designated Code Section 92-3701.19, relating to additional purposes for which counties may levy taxes, to read as follows:

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"92-3701.19. Additional purposes for which counties may levy taxes. In addition to the purposes enumerated in this section counties may levy and collect taxes for the purpose of providing ambulance services within their respective counties. Ambulance services pro vided by any county is hereby declared to be a public purpose."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 35, nays 5, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage.of the bill, the ayes were 38, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Smith of the 18th moved that the following bill of the House be recommitted to the Committee on Economy, Reorganization and Efficiency in Government.

HB 1343. By Messrs. Brown and Melton of the 32nd:
A bill to amend Code Section 26-2906, relating to criminal sanctions for selling, manufacturing, purchasing or possessing a machine gun, so as to provide that said Code Section shall not apply to any person who has registered his machine gun in accordance with the dictates of the National Firearms Act; and for other purposes.

On the motion, the ayes were 37, nays 0; the motion prevailed, and HB 1343 was recommitted to the Committee on Economy, Reorganization and Efficiency in Government.

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

THURSDAY, FEBRUARY 19, 1970

1491

HB 1251. By Mr. Lambert of the 25th:
A bill to create the Georgia Insurers Insolvency Pool which will provide a remedy for covered claims under property and casualty in surance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obli gations; and for other purposes.

The Committee on Banking and Finance offered the following amendment:
Amend HB 1251 by striking in Section 15, sub-paragraph (a) on line 6 of page 14, the word "Reasonable" and inserting in lieu thereof the word "Actual".
By striking in Section 15, sub-paragraph (b) on line 24 of page 14, the word "shall" and inserting in lieu thereof the word "may".
By striking in Section 15, sub-paragraph (b) on line 25 of page 14 the words "to have" and inserting in lieu thereof the words "to recommend that".

Senator Abney of the 53rd moved that HB 1251 be tabled.

On the motion, the ayes were 15, nays 30; the motion was lost, and HB 1251 was not tabled.

Senator Broun of the 46th moved that HB 1251 be postponed until Friday, February 20.

Senator Fincher of the 51st moved the previous question.

The Chair stated that a motion for the previous question takes precedence over the motion to postpone.
On the motion for the previous question, the ayes were 44, nays 0, and the motion prevailed.

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.

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JOURNAL OP THE SENATE,

On the passage of the bill, 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:

Adams of 26th Andrews
Broun of 46th Coggin Cox Fincher of 51st Fincher of 54th Garrard Gillis Holley Holloway Hudgins

Jackson
Kidd McGill Miller Noble Padgett Pennington Reeder Reynolds Riley Searcey Smalley

Smith of 18th Smith of 34th Spinks Starr Trippe Tysinger Vann Walling Ward Webb Zipperer

Those voting in the negative were Senators:

Abney Adams of 5th Bateman Brown of 47th Carter Chapman

Dean Doss Eldridge Hensley Hill Johnson

Kennedy Patton Rowan Stephens Young

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 35, nays 17.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Bateman of the 27th gave notice that at the proper time he would move that the Senate reconsider its action on HB 1251.

The following resolution of the House, favorably reported by the committee, was put upon its passage:

HR 761. By Messrs. Collins of the 62nd, Nessmith of the 44th, Reaves of the 71st and others:
A resolution urging Georgia tobacco farmers to use only those pesticides approved for use on tobacco by the United States Department of Agri-

THURSDAY, FEBRUARY 19, 1970

1493

culture and the State Agricultural Experiment Stations; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 40, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following resolutions of the House, favorably reported by the com mittees, were read the third time, and put upon their passage:

HR 722. By Messrs. Knapp, Keen, Evans of the 81st and others:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the General Assembly to exempt from all ad valorem taxes in this State all tangible personal property, including motor vehicles, owned by religious organizations or groups and used solely for religious purposes and from which no income is derived; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution, relating to exemptions from taxation, is hereby amended by adding at the end thereof the following:
"The General Assembly may, by law, exempt from ad valorem taxation, all tangible personal property, including motor vehicles, owned by religious organizations or groups and used solely for religious purposes and from which no income is derived."
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 authorize the General Assembly to exempt from all ad valorem
NO ( ) taxes in this State all tangible personal property, including motor vehicles, owned by religious organiza-

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JOURNAL OF THE SENATE,

tions or groups and used solely for religious purposes and from which no income is derived?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State.

The 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 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 McGill Miller
Noble Reeder Reynolds Riley

Rowan Searcey Smalley Smith of 18th Smith of 34th Spinks Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

Those voting in the negative were Senators:

Adams of Bth

Pennington

Starr

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 46, nays 3.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

THURSDAY, FEBRUARY 19, 1970

1495

HR 707. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by one or more owners, heirs or cestui que uses who reside on such property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"The exemptions granted to the homestead within this Para graph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence. In such in stances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also ex tend to those homesteads, the title to which is vested in an ad ministrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemptions granted by this Paragraph in the manner herein provided."

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 provide that the exemptions granted to the homestead shall
NO ( ) extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemp tions are claimed by one or more owners, heirs or beneficiaries who reside on such property?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State.

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JOURNAL OF THE SENATE,

Senator Kidd of the 25th moved that HR 707 be postponed until Friday, February 20.

On the motion, the ayes were 36, nays 3; the motion prevailed, and HR 707 was postponed until Friday, February 20.

The President resumed the Chair.

The following bill of the House was taken up for the purpose of considering House action thereto:

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.
Senator Pennington of the 45th moved that the Senate adhere to its substi tute to HB 45, and that a Conference Committee be appointed.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 45.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Pennington of the 45th, Vann of the 10th and Dean of the 6th.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 507. By Senator Broun of the 46th: A bill to amend an Act establishing a City Court in the County of Clarke, as amended, so as to change the name of said court of Athens; to provide that the changing of the name of said court shall not affect the status of the said court in any other manner; and for other purposes.
The House amendment was as follows:
Amend SB 507 by striking from quoted Section 2B of Section 2 the figure:
"$10,000.00"

THURSDAY, FEBRUARY 19, 1970

1497

and inserting in lieu thereof the figure:

"$11,000.00"

Senator Broun of the 46th moved that the Senate agree to the House amend ment to SB 507.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendment to SB 507 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 508. By Senator Broun of the 46th: A bill to amend an Act fixing the compensation of the treasurer of Clarke County, so as to change the compensation of the treasurer; and for other purposes.
The House amendment was as follows: Amend SB 508 by striking from Section 2: "January 1, 1973"
and inserting in lieu thereof: "January 1, 1971".
Senator Broun of the 46th moved that the Senate agree to the House amend ment to SB 508.

On the motion, the ayes were 40, nays 0; the motion prevailed, and the House amendment to SB 508 was agreed to.

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

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JOURNAL OF THE SENATE,

the same back to the Senate as correct and ready for transmission to the Governor:
SB 249. Respectfully submitted, Eldridge of the 7th District, Chairman.

The following resolutions of the Senate and House were read and adopted:

SR 336. By Senator Eldridge of the 7th:
A resolution commending the secretarial pool of the Senate; and for other purposes.

SR 344. By Senator Cox of the 21st:
A resolution commending the Honorable Bill Murphy; and for other purposes.

SR 345. By Senators Bateman of the 27th and Adams of the 26th:
A resolution expressing appreciation to the Knight Newspapers, Inc.; and for other purposes.

SR 347. By Senator Doss of the 52nd:
A resolution commending the Floyd County Sheriff, the Floyd County Police and the City of Rome Police for excellence in law enforcement; and for other purposes.

SR 348. By Senators Bateman of the 27th and Adams of the 26th:
A resolution expressing sympathy at the passing of Honorable Bill Watson; and for other purposes.

SR 349. By Senator Bateman of the 27th: A resolution commending Tim Dobbs; and for other purposes.

SR 338. By Senator Coggin of the 35th:
A resolution commending Mr. John Blackmon, Mr. Joe Newton, Miss Sheila McDevitt and Mrs. Marti Pingree; and for other purposes.

THURSDAY, FEBRUARY 19, 1970

1499

SR 341. By Senator London of the 50th:
A resolution relative to Bald Mountain Park, Inc.; and for other purposes.

SR 342. By Senator Coggin of the 35th:
A resolution commending the members and directors of the Hapeville High School Band; and for other purposes.

SR 343. By Senator Kidd of the 25th: A resolution commending Mr. Harold A. Melton; and for other purposes.

HR 916. By Mr. Roach of the 10th:
A resolution commending the Georgia National Guard; and for other purposes.

HR 927. By Messrs. Holder and Anderson of the 49th:
A resolution honoring Dodge County in this, its one hundredth year of existence; and for other purposes.

Senator Holley of the 22nd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow.

1500

JOURNAL OF THE SENATE,

Senate Chamber, Atlanta, Georgia Friday, February 20, 1970

The Senate met pursuant to adjournment at 9:30 o'clock A.M. today, 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 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 Young of the 13th asked unanimous consent that the call of the roll be dispensed with.
The consent was granted.
The President announced as the doctor of the day, Dr. Fleming Jolley.
Scripture reading and prayer were offered by Reverend Fred Shellnut, pastor, First Methodist Church, Smyrna, Georgia.
The following message was received from the House through Mr. Ellard, the Clerk thereof:

FRIDAY, FEBRUARY 20, 1970

1501

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

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 conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 317. By Senators Webb of the llth, Hill of the 29th, Chapman of the 32nd and others:
A bill to amend an Act creating the Peace Officers' Annuity and Benefit Fund, so as to provide for the fund to receive a percentage of certain fines; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 389. By Senator Coggin of the 35th:
A bill to create the Georgia Professional Corporation Act; to define terms; to authorize certain persons licensed to practice a profession as a professional corporation; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 191. By Senators Plunkett of the 30th and Webb of the llth:
A resolution creating the Heroes of Georgia Commission; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 311. By Senators Plunkett of the 30th, Gillis of the 20th and others:
A bill entitled "An Act providing for the formation of cooperative non profit membership corporations for the purpose of engaging in rural electrification by furnishing electrical energy, wiring assistance and facilities"; to repeal conflicting laws; and for other purposes.

1502

JOURNAL OF THE SENATE,

SB 392. By Senators McGill of the 24th and Miller of the 43rd:
A bill to amend an Act providing for the regulation of the sale of live stock at auction, so as to change the bond requirements of livestock dealers; and for other purposes.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1189. By Messrs. Jones of the 84th and Williams of the llth:
A bill to amend Code Section 68-404, relating to the restriction on wheels and tires for vehicles which may be operated upon the public roads of this State, so as to delete therefrom the restriction on the use of certain wheels which have wooden or metal cleats, spikes, corrugations or other irregularities; and for other purposes.

The House has passed by the requisite constitutional majority the following bills and resolution of the Senate, to-wit:

SB 536. By Senator Kidd of the 25th:
A bill to amend an Act causing and establishing a new charter for the City of Milledgeville, as amended, so as to provide that the Mayor and Aldermen of the City of Milledgeville shall elect from their own mem bership two members of the Board of Trustees of Georgia Military Col lege; and for other purposes.

SB 546. By Senator Kidd of the 25th:
A bill creating and establishing a Small Claims Court in and for Wilkinson County; to repeal conflicting laws; and for other purposes.

SR 289. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to au thorize the City of Perry to grant to certain persons who are 65 years of age or over with limited income an exemption of $2,000.00 from ad valorem taxation on such person's homestead; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 488. By Senators Spinks of the 9th and McGill of the 24th:
A bill to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain conditions; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1503

The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 369. By Senator Kennedy of the 4th:
A bill to provide that persons eighteen years of age or over may donate their blood; 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 228. By Messrs. Gignilliat of the 89th and Battle of the 90th:
A bill to amend Code Section 27-2502, relating to determinate sentences for felonies not punishable by life imprisonment, so as to provide that the jury shall determine the sentence of a person found guilty of a crime by the jury after reviewing the criminal record, if any, of the defendant; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 101. By Senators Miller of the 43rd, Tysinger of the 41st and Reeder of the 55th:
A bill to amend an Act so as to change the method of electing certain members of the Board of Commissioners of DeKalb County; and for other purposes.

SB 515. By Senator London of the 50th:
A bill to create a Board of Commissioners of White County to consist of a Chairman and two other members; to provide for the election of said Board of Commissioners and for their terms of office; to repeal conflicting laws; and for other purposes.

SB 544. By Senator Rowan of the 8th:
A bill to provide for an assistant court reporter in certain judicial circuits of this State; to repeal conflicting laws; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

1504

JOURNAL OF THE SENATE,

SB 450. By Senator London of the 50th:
A bill to amend an Act so as to provide for the payment of compen sation to the County Depository of Pannin County for the performance of the duties imposed upon it by the provisions of said Act; and for other purposes.

SB 462. By Senator London of the 50th:
A bill to authorize the governing authority of each county having a certain population to determine and set the salary of the clerk of such governing authority as the said governing authority shall deem proper; and for other purposes.

SB 519. By Senator Reynolds of the 48th:
A bill to amend an Act so as to change the corporate limits of the City of Lawrenceville; and for other purposes.

SB 547. By Senator Starr of the 44th:
A bill to amend an Act establishing a Civil and Criminal Court of Clayton County, so as to delete the requirement that costs in all civil cases in said court shall be the same as the costs are in the Superior Court of Clayton County; and for other purposes.

SB 558. By Senator Doss of the 52nd:
A bill to provide that in all counties with a certain population, Code Section 24-3406, relating to deposit of costs in divorce cases, as amended, shall not apply, but the clerks of the Superior Courts in those counties shall not file any divorce case until a fee of $20 has been paid; and for other purposes.
The House has disagreed to the Senate amendment to the following bill of the House, to-wit:

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th: A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

FRIDAY, FEBRUARY 20, 1970

1505

SB 470. By Senator Holley of the 22nd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to amend Part I thereof by deleting the requirement that a corporation shall accompany a notice from the State Revenue Commis sioner that the corporation has met the requirements concerning re ports and taxes; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 451. By Senator Eldridge of the 7th:
A bill to amend Code Section 109A-9-307, as amended, so as to provide that a tobacco warehouse commission merchant, who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods; to repeal conflicting laws; and for other purposes.

The House has agreed to the Senate amendment to the following resolution of the House, to-wit:

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.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1521. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Chapter 92-37, relating to taxation by counties, so as to authorize counties to levy and collect taxes for the purposes of providing ambulance services for emergency care and treatment; and for other purposes.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment oper ated upon the public roads of this State shall be required to display cer tain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes.

1506

JOURNAL OF THE SENATE,

The House has passed, by substitute, by the requisite constitutional majority the following bill and resolution of the Senate, to-wit:

SB 321. By Senator Smalley of the 28th:
A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees, by providing that such compensation may be paid from time to time as the condition of the trust or the trust estate permits; 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 pro vide for the submission of this amendment for ratification or rejec tion; and for other purposes.

The House has passed by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 455. By Senator Dean of the 6th:
A bill to provide that all tickets for violations of traffic offenses issued by troopers and officers of the Georgia State Patrol shall be numbered; and for other purposes.

The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 304. By Senators Plunkett of the 30th and Webb of the llth:
A resolution ratifying and approving the Nineteenth Amendment to the Constitution of the United States of America; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 425. By Senators Tysinger of the 41st, Reeder of the 55th, Walling of the 42nd and Miller of the 43rd:
A bill to amend an Act known as the "Junior College Act of 1958", so as to change the academic year payment by the Board of Regents to certain local operating authorities; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1507

SB 512. By Senators Garrard of the 37th, Johnson of the 38th, Stephens of the 36th and others:
A bill to amend Code Section 47-102 relating to State Senatorial Dis tricts, as amended, so as to change the descriptions and composition of certain Senatorial Districts; and to repeal conflicting laws; and for other purposes.

SB 535. By Senator Kidd of the 25th:
A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to add two more trustees to said Board from the membership of the Mayor and Aldermen of the City of Milledgeville, and to provide methods for filling the positions created; and for other purposes.

SB 372. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th, and Garrard of the 37th:
A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to change the provisions relating to purchases not mandatory through the Supervisor of Purchases; and for other purposes.

SB 373. By Senators Chapman of the 32nd, Kidd of the 25th, Broun of the 46th and Garrard of the 37th: A bill to amend an Act relating to the duties of the Supervisor of Purchases, so as to provide that, if possible, the Supervisor of Pur chases shall arrange to purchase certain supplies on an annual contract basis; and for other purposes.
The House has adopted by the requisite constitutional majority the follow ing resolution of the Senate, to-wit:
SR 244. By Senator Kidd of the 26th: A resolution authorizing the conveyance of certain real property lo cated within the corporate limits of the City of Milledgeville, Baldwin County, to the Board of Trustees of Georgia Military College; and for other purposes.
The House has agreed to the Senate substitute to the following bills and resolutions of the House, to-wit:
HB 1342. By Mr. Hargrett of the 58th and others: A bill to create the Georgia Commission for the Development of the Altamaha River Basin; and for other purposes.

1508

JOURNAL OF THE SENATE,

HB 1547. By Messrs. Matthews and Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Colquitt County and defining their powers and duties, so as to provide that the County of Colquitt shall be divided into five commissioner districts, and that one commissioner shall be elected from each of said Districts; and for other purposes.

HB 1071. By Mr. Jordan of the 74th:
A bill to require the driver of each wrecker truck to sweep or other wise provide for the clearing of all glass and dangerous debris from the streets, road or highway prior to his removing any wrecked auto mobile from the scene of an accident; and for other purposes.

HR 814. By Mr. Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to cre ate the West Jackson Fire District and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes; and for other purposes.

HR 851. By Mr. Knowles of the 22nd:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of 2% of the total annual rent collected; and for other purposes.

The House has agreed to the Senate amendments to the following bill and resolution of the House, to-wit:

HB 1251. By Mr. Lambert of the 25th: A bill to create the Georgia Insurers Insolvency Pool which will pro vide a remedy for covered claims under property and casualty insur ance policies when the insurer has become insolvent subsequent to the effective date of this Act and is unable to perform its contractual obli gations; and for other purposes.
HR 825. By Messrs. Wilson, McDaniell, Kreeger and Atherton of the 117th: A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a Downtown Marietta Development Au thority; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority, the following bill of the Senate, to-wit:

FRIDAY, FEBRUARY 20, 1970

1509

SB 387. By Senators Chapman of the 32nd, Brown of the 47th and Fincher of the 51st:
A bill to prohibit operation of clinical laboratories in this State unless licensed pursuant to this Act; to require licensure of laboratory direc tors and supervisors; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 405. By Senators Chapman of the 32nd and Reeder of the 55th:
A bill to amend an Act relating to the destruction of records of the various state departments, so as to provide that the State Depart ment of Public Health may, in its discretion, destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; and for other purposes.
The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 251. By Senators Spinks of the 9th, Miller of the 43rd, Fincher of the 54th and others:
A resolution relative to Providence Canyons; and for other purposes.

The House has adopted the following resolution of the House, to-wit:

HR 986. By Messrs. Cooper and Wood of the llth, Smith of the 43rd, Brooks of the 17th and others:
A resolution commending Richard Brevard Russell, father of Georgia's present Senior Senator Richard Brevard Russell, Jr., Winder, Barrow County, Georgia; and for other purposes.

The House has agreed to the Senate substitute to the following resolution of the House, to-wit:

HR 738. By Messrs. Lee, Busbee, Hutchinson, Odom of the 61st and others:
A resolution proposing an amendment to the Constitution so as to pro vide for the establishment of a downtown Albany Development Au thority and to provide for the powers, duties and responsibilities of said Authority; and for other purposes.

1510

JOURNAL OF THE SENATE,

The House has agreed to the Senate amendment to the following bill of the House, to-wit:

HB 1668. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of Crisp County to im pose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 365. By Senators Reynolds of the 48th, Young of the 13th, Zipperer of the 3rd and others:
A bill to amend an Act relating to the State Board of Corrections and to prisons, so as to provide that the State Board of Corrections shall continue to allocate prisoners to and use the county public works camps and prisoners which meet certain criteria; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 467. By Senator Walling of the 42nd:
A bill to amend Title 34A of the Code of Georgia relating to municipal elections, as amended, so as to correct errors and inconsistencies ap pearing in said Title; to repeal conflicting laws; and for other purposes.

SB 419. By Senator Kidd of the 25th:
A bill to amend an Act authorizing insurance coverage of employees of the State of Georgia, except employees of the State Highway De partment, for the receipts of benefits as prescribed by the Workmen's Compensation statutes of the State of Georgia, so as to remove certain provisions regarding the office of Supervisor of Purchases; and for other purposes.

SB 420. By Senator Kidd of the 25th:
A bill to amend Code Section 114-101, relating to the definition of "employer" and "employee", so as to include within the definition of employer, instrumentalities and authorities of the State of Georgia; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1511

The House has passed by the requisite constitutional majority the followingbills of the Senate, to-wit:

SB 471. By Senator Dean of the 6th:
A bill to amend Code Chapter 88-23, relating to hospital care for the indigent, so as to redefine the term "indigent persons" in such a man ner as to require that the governing authority of an allegedly indigent person's county of residence shall certify such person as indigent; and for other purposes.

SB 412. By Senator Kidd of the 25th:
A bill to amend an Act providing for a Board of Trustees of Georgia Military College, as amended, so as to authorize and grant the said Board certain powers to deal with properties and assets, to borrow money and to secure the same by mortgage or deed to secure debt, or by other methods of encumbrance; and for other purposes.

The House has adopted by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 216. By Senator Holloway of the 12th:
A resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to classify tangible personal property comprising inventory as a separate and distinct class of property for ad valorem taxation purposes and to provide for its taxation; and for other purposes.

The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 348. By Senator Johnson of the 38th:
A bill to amend Code Section 26-1705, relating to the illegal use of credit cards, as amended, so as to clarify the definitions of the terms "credit card" and "issuer"; to repeal conflicting laws; and for other purposes.
SB 397. By Senator Rowan of the 8th:
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; to repeal conflicting laws; and for other purposes.

1512

JOURNAL OP THE SENATE,

The following resolutions of the Senate were introduced, read the first time, and referred to committee:

SR 351. By Senator Andrews of the 49th:
A resolution creating the Minimum Foundation Program of Education Study Committee; and for other purposes.
Referred to Committee on Rules.

SR 359. By Senators Tysinger of the 41st and Garrard of the 37th:
A resolution creating the State Agencies Physical Space Facilities Study Committee; and for other purposes.
Referred to Committee on Rules.

The President stated that Senator Riley of the 1st would not be present for most of today due to the death of a close friend and business associate.

The following bills and resolutions of the Senate and House were read the second time:

SB 572. By Senator Smith of the 34th:
A bill to protect the consumer and encourage the highest standards of construction safety by requiring the use of safety glazing materials in hazardous locations in residential, commercial or public buildings; to define terms; to repeal conflicting laws; and for other purposes.

HB 490. By Mr. Harris of the 77th:
A bill to amend an Act fixing, prescribing and establishing compen sation and salaries of the elective county officials of DeKalb County, including the ordinary, clerk of the Superior Court, sheriff and tax commissioner so as to change the compensation of the above named officers; and for other purposes.

HB 867. By Messrs. Cooper of the llth and Wheeler of the 18th:
A bill to provide for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior Court level; and for other purposes.

HB 1446. By Messrs. Levitas of the 77th and McDaniell of the 117th:
A bill to amend the Act creating the State Building Administrative Board, so as to provide that said Board shall be a budget unit of the executive branch of State government; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1513

HB 1603. By Mr. Barber of the 15th:
A bill to identify and define a school bus; a school bus shall be a vehicle designed for the purposes of transporting children to and from school and shall comply with all National Standards and State Stand ards; and for other purposes.

HB 1618. By Mr. Edwards of the 45th: A bill to abolish the present mode of compensating the clerk of the Superior Court of Marion County, so as to provide in lieu thereof an annual salary; and for other purposes.
HB 1715. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to change the mode of electing the mayor and councilmen; and for other purposes.
HB 1716. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to change the date for elections; and for other purposes.
HB 1717. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to provide for election of city officers, including a city manager by the mayor and council; and for other purposes.
HB 1718. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to provide for the election of the Board of Education; and for other purposes.
HB 1719. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to change the name of the "Mayor's Court" or "Municipal Court" to the "Recorder's Court"; and for other purposes.
HR 647. By Mr. Scarlett of the 67th: A resolution proposing an amendment to the Constitution, so as to authorize the governing authority of Glynn County to exercise the power of taxation for water and sewer purposes and to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.

1514

JOURNAL OF THE SENATE,

HR 735. By Messrs, Ware of the 30th, Felton of the 95th, Scarlett of the 67th and Sims of the 106th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for civil actions against the State for the recovery of damages caused by the negligence of an employee of the State; and for other purposes.

HR 736. By Mr. Morris of the 73rd: A resolution proposing a constitutional amendment so as to authorize the general Assembly to provide by local act for the creation of a local government to be known as the "City and County of DeKalb" which shall be a successor government to the government of DeKalb County and authorizing all matters relative thereto; and for other purposes.
HR 844. By Mr. Kreeger of the 117th: A resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Smyrna Development Au thority; and for other purposes.
HB 696. By Mr. Battle of the 90th: A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.
HB 1194. By Messrs, Hadaway of the 27th, Edwards of the 45th, Matthews of the 63rd and others: A bill to amend an Act entitled "Georgia Public Assistance Act of 1965", so as to change the method of financing the cost of administra tion and the cost of assistance programs; and for other purposes.
HB 1472. By Mr. Grahl of the 40th: A bill to amend Code Section 68-214, relating to five-year license plates, their description, revalidation stickers, county stickers, duplicates and special license plates, so as to require that Georgia license plates contain the words "Peach State"; and for other purposes.
HB 1656. By Messrs. Parker of the 44th, Felton of the 95th, Brantley of the 52nd, Williams of the llth, Games of the 104th, 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 General Assembly may appropriate funds for the purposes of reducing required local effort; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1515

HB 1704. By Messrs. Bowen and Rainey of the 47th:
A bill to amend an Act placing the clerk of the Superior Court, the sheriff and the ordinary of Dooly County upon an annual salary in lieu of the fee system of compensation, so as to change the compen sation which may be paid to the deputy sheriff; and for other purposes.

HB 1707. By Mr. Wamble of the 69th:
A bill to amend an Act abolishing the office of County Treasurer of Grady County and providing for the designation of county depositories, so as to provide that any State chartered bank having its principal place of business located within Grady County may serve as the county depository; and for other purposes.

HB 1708. By Mr. Ballard of the 23rd:
A bill to amend an Act establishing Juvenile Courts, so as to provide for the compensation of the Juvenile Court Judges of certain counties; and for other purposes.

HB 1710. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to amend an Act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax commis sioner; and for other purposes.

HB 1711. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderaon and Atherton of the 117th:
A bill to amend an Act creating the office of Commissioner of Pauld ing County, so as to change the compensation of the Commissioner; and for other purposes.

HB 1712. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Hender son and Atherton of the 117th:
A bill to amend an Act placing the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary; and for other purposes.
HB 1720. By Messrs. Gunter and Moore of the 6th:
A bill to grant to the City of Cornelia, the power and authority to furnish fire protection without the corporate limits of the City of Cornelia, under such rules and regulations, and for such charges as the City Commission of the City of Cornelia may by ordinance pre-

1516

JOURNAL OF THE SENATE,

scribe, and to operate its fire trucks and fire fighting equipment with out the corporate limits of the City for such purposes; and for other purposes.

HB 1721. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Cornelia, so as to provide that the term of the member of the City Commission elected to serve as Mayor, shall be a term of three years; and for other purposes.

HB 1722. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act incorporating the Town of Mt. Airy, so as to provide that the term of office of the Mayor, shall be a term of two years; and for other purposes.

HB 1723. By Messrs. Dean of the 76th, Thomason, Levitas, Harris and Farrar of the 77th, Bell and Morris of the 73rd, Vaughn and Jordan of the 74th:
A bill to authorize and direct Chairman and Board Commissioners of DeKalb County to immediately create by ordinance the DeKalb County Community Relations Commission; and for other purposes.

HB 1724. By Mr. Lambert of the 25th: A bill to amend an Act amending the charter of the City of Greens boro, so as to authorize the mayor and council to appoint a recorder for the recorder's court, and to set his compensation; and for other purposes.
HB 1725. By Mr. Moate of the 28th: A bill to amend an Act creating and establishing a new charter for the City of Eatonton, so as to change the corporate limits; to provide for the tax assessors by the governing authorities; and for other pur poses.
HB 1728. By Messrs. Bohannon and Patterson of the 20th: A bill to amend an Act incorporating the Town of Whitesburg, so as to change the qualifications of candidates for mayor and councilmen; and for other purposes.
HB 1729. By Messrs. Parker, Nessmith and Lane of the 44th: A bill to amend an Act placing the sheriff of Screven County on an annual salary in lieu of the fee system of compensation, so as to pro-

FRIDAY, FEBRUARY 20, 1970

1517

vide that the sheriff may have as many deputies as may be required to assist him in the performance of the duties of his office; and for other purposes.

HB 1730. By Mr. Joiner of the 35th:
A bill to change the number of members of the Washington County Board of Education from 5 to 7; and for other purposes.

HB 1731. By Mr. Joiner of the 35th:
A bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to authorize the sheriff to hire two additional deputies; and for other purposes.

HB 1732. By Messrs. Dean and Murphy of the 19th:
A bill to amend an Act creating a Board of Commissioners of Polk County, so as to provide for an expense allowance for the commissioners; and for other purposes.

HB 1733. By Messrs. Conger and Griffin of the 68th: A bill to amend an Act creating the Civil and Criminal Court of Decatur County, so as to change the compensation of the Judge, the So licitor and the Clerk of said Court; and for other purposes.
HB 1734. By Messrs. Reaves and Barfield of the 71st: A bill to create the Lowndes County Utilities Authority and to au thorize such Authority to acquire, construct and thereafter operate and maintain projects embracing public utilities including sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and governmental entities, and related wastes with the power to charge therefor; and for other purposes.
HB 1735. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A bill to amend an Act known as "An Act to provide for license and excise taxes upon the business of dealing in malt beverages"; to allocate funds derived from such taxes; and for other purposes.
HB 1736. By Messrs. Sweat and Dixon of the 65th: A bill to amend an Act creating a Board of Commissioners of Ware County, so as to authorize the Board of Commissioners to fix the salary of the Chairman within a certain salary range; and for other purposes.

1518

JOURNAL OF THE SENATE,

HB 1737. By Mr. Murphy of the 19th:
A bill to authorize Superior Court Clerks in all counties where the clerks are on a salary basis to invest funds deposited in the Registry of the Court, to define investments in which such funds may be made; and for other purposes.

HB 1738. By Messrs. Snow and Crowe of the 1st:
A bill to amend Code Section 34-805, relating to special elections for members of the General Assembly to provide that in case of any va cancy occurring during the 1970 session of the General Assembly there shall be held a special election to fill any such vacancy if the Governor issues a writ of election therefor; and for other purposes.

HB 1740. By Mr. Maxwell of the 78th:
A bill to provide that the tax collectors or tax commissioners of certain counties shall collect and remit all county school taxes levied under the authority of the Constitution to the county board of education of such counties; and for other purposes.

HB 1741. By Mr. Maxwell of the 78th:
A bill to amend an Act changing from the fee system to the salary system certain county officers of certain counties in this State, so as to provide for additional employees and for their compensation; and for other purposes.

HB 1742. By Messrs. Brown of the 110th, Alexander of the 108th, Horton of the 95th, Daugherty of the 109th and others:
A bill to amend an Act establishing a new charter for the City of At lanta, so as to amend the 1965 Code of Ordinances relating to the City of Atlanta Personnel Board; and for other purposes.

HB 1444. By Mr. Conner of the 56th:
A bill to be entitled an Act to amend Code Section 56-817b, relating to the situs of risks and the necessity of signatures on certain policies, so as to provide that no countersignature of a resident agent need appear on any contract of insurance issued under an assigned risk plan; and for other purposes.

HB 1745. By Messrs. Edwards and Black of the 45th:
A bill to provide an annual salary for the Ordinary of Taylor County; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1519

HB 1746. By Messrs. Black and Edwards of the 45th:
A bill to amend an Act creating the Office of Commissioner of Webster County, so as to increase the salary of the clerk of the commissioners of Webster County; and for other purposes.

HR 302. By Messrs. Harrington and Chandler of the 34th: A resolution compensating Dr. J. J. Word; and for other purposes.

HR 553. By Mrs. Merritt of the 46th: A resolution compensating Dr. James W. Smith; and for other purposes.

HR 566. By Mr. Cooper of the llth:
A resolution to compensate Wilmont McRae Greene, Jr.; and for other purposes.

HR 578. By Mrs. Merritt of the 46th: A resolution compensating Mr. John B. Merritt; and for other purposes.

HR 673. By Mr. Hargrett of the 58th: A resolution compensating Mr. James West; and for other purposes

HR 675. By Mr. Colwell of the 5th: A resolution compensating Mr. James W. Fields; and for other purposes.

HR 676. By Mr. Colwell of the 5th: A resolution compensating Mr. V. E. Sisk; and for other purposes.

HR 691. By Mr. Westlake of the 75th: A resolution compensating William C. Vonier; and for other purposes.

HR 696. By Mr. Smith of the 43rd:
A resolution to compensate B. F. Ogburn and Rev. Inman Gerald; and for other purposes.

1520

JOURNAL OF THE SENATE,

HE 701. By Mr. Toles of the 9th:
A resolution compensating Mrs. Hazel Thomas Whitaker; and for other purposes.

HE 721. By Mr. Grahl of the 40th: A resolution compensating Mr. Levi E. Akins; and for other purposes.

HE 712. By Messrs. Parker, Lane and Nessmith of the 44th: A resolution compensating John W. Hurst; and for other purposes.

HE 660. By Mr. Westlake of the 75th, Mrs. Merritt of the 46th and others:
A resolution creating the American Eevolution Bicentennial Commis sion of Georgia; and for other purposes.

HE 704. By Messrs. Vaughn and Jordan of the 74th:
A resolution proposing an amendment to the Constitution so as to pro^ vide that residents of the City of Conyers who are 62 years of age or over, or who are totally disabled and who have an income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $2,000; and for other purposes.

HE 716. By Messrs. Chandler of the 34th and Pafford of the 64th:
A resolution relative to architectural and engineering firms doing busi ness with the State; and for other purposes.

HE 740. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Downtown Development Corporation, P. M. Air Eights Company and City Center, Inc., occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, now known as the "Atlanta Union Passenger Sta tion of the Western and Atlantic Eailroad"; and for other purposes.

HE 807. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution providing for the per diem compensation and allowances to certain members of the Constitution Eevision Commission created by resolution of the General Assembly; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1521

HR 827. By Mr. Sherman of the 80th:
A resolution proposing an amendment to the Constitution so as to pro vide the procedures whereby there shall be but one governing authority to assume, administer and discharge the obligations, duties, rights, re sponsibilities, functions and affairs of Richmond County and the City of Augusta; and for other purposes.

HR 830. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to the Constitution to as to cre ate the Albany-Dougherty Public Service Commission, and to provide for the powers, duties and responsibilities of the Commission; and for other purposes.

HR 850. By Messrs. Murphy of the 19th, Busbee of the 61st, Paris of the 14th and others:
A resolution creating the "Central Printing Agency Study Committee"; and for other purposes.

HR 868. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution adding a new member to the Criminal Law Study Com mittee; to provide compensation for Honorable Reid Merritt, District Attorney, Gwinnett Judicial Circuit; and for other purposes.

HR 873. By Mr. Clarke of the 33rd:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Butts County; and for other purposes.

HR 877. By Mr. Maxwell of the 78th:
A resolution proposing an amendment to the Constitution so as to au thorize the City of Augusta to create two or more taxing districts; 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:

1522

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Appropriations 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 566. Do pass as amended.
Respectfully submitted,
Plunkett of 30th 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 fol lowing 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 1194. Do pass as amended. HR 302. Do pass. HR 553. Do pass as amended. HR 578. Do pass. HR 673. Do pass. HR 675. Do pass. HR 676. Do pass. HR 691. Do pass. HR 696. Do pass. HR 701. Do pass. HR 712. Do pass. HR 721. Do pass.
Respectfully submitted, Plunkett of 30th District, Chairman.

Senator Plunkett of the 30th District, Chairman of the Committee on Ap propriations, submitted the following report:

FRIDAY, FEBRUARY 20, 1970

1523

Mr. President:

Your Committee on Appropriations has had under consideration the follow ing bill and resolutions of the House and has instructed me, as Chairman, to re port the same back to the Senate with the following recommendations:
HR 807. Do pass.
HR 848. Do pass.
HR 873. Do pass. HB 1364. Do pass.
Respectfully submitted,
Plunkett of 30th 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:
HB 1323. Do pass by substitute. HB 1416. Do pass. HB 1464. Do pass. HB 1476. Do pass. HB 1496. Do pass. HB 1696. Do pass. HB 1735. Do pass. HB 1377. Do pass. HB 1444. Do pass. HB 1453. Do pass. HB 1493. Do pass. HB 1550. Do pass.
Respectfully submitted, Holley of 22nd District, Chairman.
Senator Holley of the 22nd District, Chairman of the Committee on Banking and Finance, submitted the following report:

1524

JOURNAL OF THE SENATE,

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 841. Do pass.
HB 1012. Do pass.
HB 1737. 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 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 1497. Do pass. Respectfully submitted, Spinks of 9th District, Chairman.

Senator Brown of the 47th District, Acting 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 resolution of the House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recom mendations :
HR 844. Do pass. Respectfully submitted, Brown of 47th District Acting Chairman.
Senator Brown of the 47th District, Acting Chairman of the Committee on County and Urban Affairs, submitted the following report:

FRIDAY, FEBRUARY 20, 1970

1525

Mr. President:
Your Committee on County and Urban Affairs has had under consideration the following bills and resolutions of the House and has instructed me as Acting Chairman, to report the same back to the Senate with the following recom mendations :
HB 1618. Do pass. HB 1647. Do pass. HB 1679. Do pass. HB 1689. Do pass. HB 1697. Do pass. HB 1698. Do pass. HB 1708. Do pass. HB 1710. Do pass. HB 1711. Do pass. HB 1712. Do pass. HB 1720. Do pass. HB 1721. Do pass. HB 1722. Do pass. HB 1723. Do pass. HB 1724. Do pass. HB 1725. Do pass. HB 1728. Do pass. HB 1729. Do pass. HB 1730. Do pass. HB 1731. Do pass. HB 1732. Do pass. HB 1733. Do pass. HB 1734. Do pass. HB 1736. Do pass. HB 1740. Do pass. HB 1746. Do pass. HR 583. Do pass. HR 647. Do pass. HR 704. Do pass. HR 842. Do pass.

1526

JOURNAL OF THE SENATE,

HR 869. Do pass. HR 872. Do pass.

Respectfully submitted, Brown of 47th District, Acting Chairman.

Senator Brown of the 47th Distript, Acting 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 House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommenda tions :
HB 894. Do pass as amended. HB 1494. Do pass. HB 1572. Do pass. HB 1691. Do pass. HB 1692. Do pass. HB 1704. Do pass. HB 1707. Do pass. HB 1715. Do pass. HB 1716. Do pass. HB 1717. Do pass. HB 1718. Do pass. HB 1719. Do pass. HB 1741. Do pass. HB 1636. Do pass. HR 877. Do pass.
Respectfully submitted,
Brown of 47th District,
Acting Chairman.

Senator Smith of the 18th District, Chairman of the Committee on Economy, Reorganization and Efficiency in Government, submitted the following report:

FRIDAY, FEBRUARY 20, 1970

1527

Mr. President:

Your Committee on Economy, Reorganization and Efficiency in Govern ment has had under consideration the following bill of the House and has in structed me, as Chairman, to report the same back to the Senate with the fol lowing recommendations:
HB 177. 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:

Mr. President:

Your Committee on Educational Matters has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1603. Do pass as amended.

Respectfully submitted, Andrews of 49th 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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1086. Do pass as amended. HB 1656. Do 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:

1528

JOURNAL OF THE SENATE,

Mr. President:

Your Committee on Industry and Labor has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 696. Do pass.

Respectully submitted, Holloway of 12th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 867. Do pass. HB 1484. 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 Chair man, to report the same back to the Senate with the following recommendations:
HR 740. Do pass. Respectfully submitted,
Fincher of 51st District, Chairman.

Senator Webb of the llth District, Chairman of the Committee on Retirement, submitted the following report:

FRIDAY, FEBRUARY 20, 1970

1529

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 329. Do not pass.

Respectfully submitted, Webb of llth 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 349. Do not pass.

HB 1223. Do pass. HB 1224. Do pass. HB 1225. Do pass. HB 1226. Do pass.

Respectfully submitted, Webb of llth 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 recommendations:

HB 1738. Do pass.

Respectfully submitted, Smith of 18th District, Vice Chairman.

1530

JOURNAL OF THE SENATE,

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 and resolution of the Senate and House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
SR 324. Do pass.
HB 1459. Do pass.
Respectfully submitted,
Broun of 46th District,
Chairman.

The following local, uncontested bills and resolutions of the Senate and House were read the third time, and put upon their passage:

SB 553. 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 delete the requirements that a referendum be held to make this Act effective; 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 554. 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 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.

FRIDAY, FEBRUARY 20, 1970

1531

SB 555. 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 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 556. By Senator London of the 50th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Fannin County, so as to delete provisions requiring a ref erendum in order to make said Act effective; 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 1604. By Mr. Harrison of the 66th:
A bill to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton, so as to change the days on which the meetings of the board are held; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1532

JOURNAL OF THE SENATE,

HB 1609. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act creating a new charter and municipal govern ment for the City of Rome, so as to change the name of the recorder's court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0. The bill, having received the requisite constitutional majority, was passed,

HB 1602. By Mr. Clarke of the 33rd:
A bill to provide a new charter for the City of Flovilla; and for other purposes.

The report 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 1540. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the ordinary of Butts County upon an annual salary, so as to increase the clerical allowance for the ordinary; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1533

HB 1676. By Messrs. Rainey and Bowen of the 47th:
A bill to repeal an Act placing the sheriff of Worth County upon an annual salary, so as to provide for compensating the sheriff by 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1539. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the treasurer of Butts County upon an annual salary, 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1542. By Mr. Clarke of the 33rd:
A bill to provide for the addition of 'two members of the Board of Edu cation of Monroe 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.

1534

JOURNAL OF THE SENATE,

HB 1551. By Mr. Moore of the 6th:
A bill to amend an Act establishing the City Court of Stephens County, so as to change the compensation of the judge and solicitor of the City Court of Stephens 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 1429. By Mr. Jordan of the 55th:
A bill to amend an Act establishing a new charter for the City of Nicholls, so as to change the provisions relating to the election of the mayor and aldermen; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1500. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act creating the commissioner of Murray County, so as to change the compensation and expense allowance of the com missioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1535

HB 1538. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County upon an annual salary in lieu of the fee system of compensation, so as to pro vide for a contingent expense allowance for the sheriff; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1428. By Mr. Jordan of the 55th:
A bill to create a new board of education of Coffee County; to provide for the membership 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1398. By Mr. Jordan of the 55th:
A bill to amend an Act creating the charter for the City of Douglas, 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1536

JOURNAL OF THE SENATE,

HB 1508. By Mr. Gunter of the 6th:
A bill to abolish the present mode of compensating the ordinary of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1678. By Messrs. Murphy and Dean of the 19th:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Haralson County, so as to change the compensation of the clerical assistant 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1672. By Messrs. Rainey and Bowen of the 47th:
A bill to amend an Act placing the Ordinary of Worth County on a salary basis in lieu of the fee system, so as to change the compensa tion of the said 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1537

HB 1690. By Messrs. Sweat and Dixon of the 65th:
A bill to abolish the present mode of compensating the ordinary of Clinch 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1599. By Mr. Wheeler of the 57th:
A bill to amend an Act amending, consolidating, creating, revising and superseding the several Acts incorporating the City of Blackshear in the County of Pierce, so as to provide for the election of a Judge of the Mayor's Court in the event that the Mayor is disqualified or fails to act as 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1593. By Messrs. Maxwell, Miles and Simkins of the 78th, Connell and Dent of the 79th and others: A bill to provide for a budget in certain counties of this State; to de fine terms "authorities", "budget officer" and "budget commission" as used in 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1538

JOURNAL OF THE SENATE,

HB 1594. By Mr. Harrison of the 66th:
A bill to create the Camden County Historical 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1441. By Mr. Harrison of the 66th: A bill to amend an Act placing the sheriff of Brantley County upon an annual salary, so as to provide that it shall be within the sole discre tion of the sheriff as to who will be appointed 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1461. By Mr. Harrison of the 66th:
A bill to create the Charlton County Historical 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1462. By Mr. Harrison of the 66th:
A bill to amend an Act creating and establishing a new charter for the City of Folkston in the County of Charlton, so as to authorize and em-

FRIDAY, FEBRUARY 20, 1970

1539

power the City of Folkston to abandon and close by ordinance portions of certain city streets and alleys; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1463. By Mr. Harrison of the 66th:
A bill to amend an Act creating and establishing a new charter for the City of Folkston, so as to authorize the Mayor and Councilmen to designate the depository for said City; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1533. By Messrs. Levitas, Thomason, Harris and Farrar of the 77th and others:
A bill to amend an Act authorizing the establishment of a merit system in DeKalb County for employees of DeKalb County, so as to place the Chief of the DeKalb County Police Department under the DeKalb County Merit 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1540

JOURNAL OF THE SENATE,

HB 1534. By Mr. Black of the 45th:
A bill to create the Kinchafoonee Lake Authority as an instrumentality 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1628. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Clayton County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1629. By Messrs. Lee, Gary and Northcutt of the 21st:
A bill to amend an Act creating the Civil and Criminal Court of Clayton 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1541

HB 1631. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act creating a Board of Commissioners of Clayton County, so as to empower the Board of Commissioners by resolution, to authorize the Sheriff's Department of Clayton County or the Clayton County Police Department to remove any abandoned, junked, wrecked, or unattended motor vehicle found upon any street, highway, bridge, vacant property in Clayton County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1633. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act placing the coroner of Clayton County on a salary basis in lieu of the fee system of compensation, so as to change the compensation of the coroner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1634. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act creating a Board of Commissioners for Clayton County, so as to authorize the Board of Commissioners to create dis tricts in the unincorporated areas of Clayton County for the purpose of establishing and maintaining within such districts a system of street lights; and for other purposes.
The report 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.

1542

JOURNAL OF THE SENATE,

HB 1635. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act known as the "Clayton County Civil Service System Act", so as to provide for staggered terms of office 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1627. By Messrs. Lee, Northcutt and Gary of the 21st:
A bill to amend an Act incorporating the City of Riverdale, in the County of Clayton, so as to change the date of elections in said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1642. By Messrs. Graves, Toles and Lowrey of the 9th:
A bill to amend an Act establishing the City Court of Floyd County, so as to change the name of said court to the State Court of Floyd County; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1543

HB 1662. By Mr. Ballard of the 23rd:
A bill to create the Newton County Water Authority and to authorize such Authority to acquire, construct, operate and maintain self-liquidat ing projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and municipal corporations; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1694. By Messrs. Anderson and Holder of the 49th:
A bill to district Pulaski County for the purpose of providing fire pro tection 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1637. By Messrs. Connell and Dent of the 79th, DeLong of the 80th and others:
A bill to amend an Act creating a board of commissioners of Richmond County, so as to provide that Richmond County shall provide through out the county a system of animal control; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1544

JOURNAL OF THE SENATE,

HB 1699. By Messrs. Evans, Knapp, Keen of the 81st and others:
A bill to amend an Act entitled "An Act to reenact the charter of the City of Macon", so as to change the name of the recorder's court of the City of Macon to municipal court of Macon; 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1658. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to increase the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of Upson County"; to increase the compensation of the other members of said Board; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1659. 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 empower the mayor and council of said City to appoint the Tax Commissioner of Upson County, to receive the returns of property for ad valorem taxation and to receive and collect all of the city's ad valorem taxes on said 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1545

HB 1660. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act entitled "An Act to place the sheriff of Upson County upon an annual salary", so as to increase the compensation of the chief 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1645. By Messrs. Cooper, Wood and Williams of the llth:
A bill to amend an Act placing the sheriff of Dawson County on an annual salary, so as to provide that the governing authority of Dawson County shall be responsible for furnishing automobiles to the sheriff to be used by him in the official performance of the duties of 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1646. By Messrs. Wood, Williams and Cooper of the llth: A bill to amend an Act creating a Board of Commissioners of Hall County, so as to authorize the Board of Commissioners to fix the fiscal year of said County for accounting purposes and to require the annual audit to be made within three months after the end of the fiscal year; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1546

JOURNAL OF THE SENATE,

HB 1654. By Mr. Bray of the 31st:
A bill to amend an Act creating a Board of Commissioners of Meriwether County, so as to change the time of the election of the commis sioners; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1587. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act abolishing the present mode of compensating the tax collector of Bleckley County, so as to change the compensation of the tax collector; and for other purposes.
The report 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 1621. By Mr. Kreeger 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 (s) increasing 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 45, nays 0.
The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1547

HB 1653. By Messrs. Bell and Morris of the 73rd and others:
A bill to fix the compensation of the solicitors of the Civil and Criminal Courts of certain counties; and for other purposes.

The Committee on County and Urban Affairs offered the following amendment:

Amend HB 1653 by striking from Section 1 the figure: "22,000.00"

and inserting in lieu thereof the figure: "19,500.00".

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 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.

HB 1668. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of Crisp County to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.
The Committee on County and Urban Affairs offered the follow ing amendment:
Amend HB 1668 by striking the word "authorize" which appears in the title, and by striking the word "authorized" which appears on line 9, and by inserting in lieu thereof the words "direct" and "di rected", 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.

1548

JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1547. By Messrs. Matthews and Bostick of the 63rd:
A bill to amend an Act creating a Board of Commissioners for Colquitt County and defining their powers and duties, so as to provide that the County of Colquitt shall be divided into five commissioner districts, and that one commissioner shall be elected from each of said Districts; 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 creating a Board of Com missioners for Colquitt County and defining their powers and duties, approved August 10, 1921 (Ga. Laws 1921, p. 443), as amended, so as to divide Colquitt County into five Commissioner Districts; to provide for the selection of a chairman; 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 Board of Commissioners for Colquitt County and defining their powers and duties, approved August 10, 1921 (Ga. Laws 1921, p. 443), as amended, is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:
"Section 2. (a) The County of Colquitt shall be divided into five Commissioner's Districts, as follows: District No. 1 shall be composed of the entire County of Colquitt; District No. 2 shall be composed of that area lying North of Georgia State Highway No. 37 and East of Georgia State Highway No. 35 to a point where said Georgia State Highway No. 35 intersects with Sumner Road and thence that area East of Sumner Road; District No. 3 shall be composed of that area lying West of Georgia State Highway No. 35 and South of Georgia State Highway No. 37; District No. 4 shall be composed of that area lying East of Georgia State High way No. 35 and South of Georgia State Highway No. 37; District No. 5 shall be composed of that area lying North of Georgia State Highway No. 37 and West of Georgia State Highway No. 35 to a point where said highway intersects Sumner Road and West of Sumner Road.

FRIDAY, FEBRUARY 20, 1970

1549

(b) Each person presently serving on the said Board of Commissioners shall continue to serve until his present term of office shall expire. At the general election in 1970, there shall be elected from District Nos. 1, 3 and 5 one Commissioner each whose term shall commence on the first day of January, 1971. There shall be elected at the general election in 1972, a Commissioner from each of the District Nos. 2 and 4, and such elected officers shall take office on January 1, 1973.

The terms of office of each Commissioner shall be four years and until their successors are elected and qualified. All of the elec tors of Colquitt County shall be eligible to cast their vote for the candidate of their choice offering for election to the Board from each of the five Districts."

Section 2. Said Act is further amended by adding a new section between Section 2 and Section 3, to be designated Section 2A, to read as follows:

"Section 2A. Anything in this Act to the contrary notwith standing, the person elected to represent District No. 1 shall be the Chairman of the Board of Commissioners of Colquitt County."

Section 3. Not less than 30 days nor more than 45 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Colquitt County to issue the call for an election for the purpose of submitting Section 2 of this Act to the voters of Colquitt County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be pub lished once a week for two weeks immediately preceding the date there of, in the official organ of Colquitt County. The ballot shall have written or printed thereon the words:

"YES ( ) Shall the Chairman of the Board of Commissioners NO ( ) of Colquitt County be elected by the voters of Col quitt County from the County at large?"
All persons desiring to vote in favor of Section 2 of this Act shall vote "Yes", and those persons desiring to vote for rejection of Section 2 of this Act shall vote "No". If more than one-half of the votes cast on such question are in the affirmative, Section 2 of this Act shall be come 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 Colquitt 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 4. All laws and parts of laws in conflict with this Act are hereby repealed.

1550

JOURNAL OF THE SENATE,

On the adoption of the substitute, the ayes were 45, nays 0, and the substi tute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 846. By Mr. Hill of the 97th:
A resolution creating the South Fulton single municipality study com mittee; to include each of the municipalities other than the City of Atlanta located in whole, or in part, in House Districts 97, 98 & 101 and that portion of the unincorporated area of Fulton County located in House Districts 97, 98 & 101 to consider the question of "whether the residents of the affected area desire to become a part of a single munici pality in South Fulton County"; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HR 846 by adding on line 21, page 1, after the word "Speaker" the following words:
"two members of the Senate chosen by the President of the Senate,"

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the 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.

FRIDAY, FEBRUARY 20, 1970

1551

HB 1568. By Mr. Conner of the 56th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide that candidates for the election to the board of commissioners from each ward shall receive a majority of votes cast; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1569. By Mr. Conner of the 56th:

A bill to create a small claims court in certain counties of this State;

to provide for the appointment, duties, powers, compensation, qualifica

tions, substitutions and tenure of office of the judges of such 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1586. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act placing the sheriff of Bleckley County upon an annual salary, so as to change the number of deputies and their compen sation; and for other purposes.
The report 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.

1552

JOURNAL OF THE SENATE,

HB 1667. By Mr. Rainey of the 47th:
A bill to authorize the governing authority of the City of Cordele to impose and collect an amusement tax on motion pictures in accordance with the rating applied to each motion picture by the Motion Picture Coding Association of America; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 898. By Messrs. Miles, Maxwell and Simkins of the 78th, Dent and Connell of the 79th and DeLong and Sherman of the 80th:
A bill to amend an Act providing for the appointment of two superior court reporters or court stenographers to the judges of the superior courts in all counties in this State having a population of no less than 135,000 and not more than 140,000 inhabitants, so as to provide for three permanent Court Reporters; and for other purposes.

The report 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 1501. By Messrs. Leonard and Cole of the 3rd:
A bill to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Murray County upon an annual sal ary, so as to change the compensation of said officers and the manner and method of compensating their 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 45, nays 0.

FRIDAY, FEBRUARY 20, 1970

1553

The bill, having received the requisite constitutional majority, was passed.

HB 1705. By Messrs. Reaves, Bennett and Barfield of the 71st:
A bill to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1649. By Messrs. Hudson and Dorminy of the 48th:
A bill to incorporate the City of Pitts; to grant a new charter to said city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1652. By Messrs. Mason and Nash of the 13th:
A bill to create Gwinnett County Water Sewerage 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.

1554

JOURNAL OF THE SENATE,

HB 1693. By Messrs. Anderson and Holder of the 49th:
A bill to amend an Act creating the office of tax commissioner of Pulaski County, so as to increase the compensation of the tax commis sioner's 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1695. By Messrs. Anderson and Holder of the 49th: A bill to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary, so as to increase the allowance of the clerical assistant to 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1617. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Tax Commissioner of Pike County, so as to change the compensation of Tax Commissioner; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1555

HB 1709. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing the Magistrate's Court of Clarke County, so as to change the office hours 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1713. By Messrs. Matthews and Farmer of the 16th:
A bill to amend an Act establishing a City Court in Clarke County, so as to change the compensation of the Special Investigator of the Solicitor of said Court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1673. By Messrs. Bohannon and Patterson of the 20th:
A bill to amend an Act incorporating the Town of Temple, 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1556

JOURNAL OF THE SENATE,

HB 1674. By Mr. Phillips of the 29th:
A bill to amend an Act incorporating the City of Grovetown in the County of Columbia, so as to change the provisions relating to the com pensation of the Mayor and the members of the City Council; to change the name of the police court to 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 1682. By Mr. Clarke of the 33rd:
A bill to amend an Act providing that certain costs in criminal cases shall be used for the purposes of maintaining the Butts County Court house, so as to provide that certain costs in criminal cases before the judge of the Court of Ordinary shall be remitted to the Treasurer of Butts County to 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1683. By Mr. Clarke of the 33rd:
A bill to amend an Act placing the sheriff of Butts County on an annual salary in lieu of the fee system of compensation, so as to require the Board of Commissioners of Butts County to furnish uniforms to the sheriff and 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 45, nays 0.

FRIDAY, FEBRUARY 20, 1970

1557

The bill, having received the requisite constitutional majority, was passed.

HB 1684. By Mr. Clarke of the 33rd:
A bill to amend an Act changing the compensation of the tax collector of Butts County, so as to change the compensation of the clerical personnel of the tax collector 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 45, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1686. By Messrs. Geisinger and Collins of the 72nd:
A bill to amend an Act incorporating the City of Doraville, so as to redefine 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 1616. By Messrs. Caldwell and Smith of the 39th:
A bill to amend an Act fixing the compensation of the Deputy Tax Com missioner of Pike County, so as to change the compensation of 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.

1558

JOURNAL OF THE SENATE,

The bill, having received the requisite constitutional majority, was passed.

HB 1661. By Messrs. Caldwell and Smith of the 39th:
A bill to alter and amend the several laws creating and establishing the Board of Commissioners of Roads and Revenue for the County of Upson so as to confer upon said Board the power and authority to exercise, by ordinances, rules, regulations or resolutions, police power, to protect and secure the public health, welfare, safety, comfort and morals of the pub lic and body politic; and for other purposes.

The report 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.

HR 743. By Messrs. Maxwell and Simkins of the 78th, Connell and Dent of the 79th, Sherman and DeLong of the 80th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the city council of Augusta as the governing authority of the City of Au gusta to establish historic zones within designated areas of the city; to provide that inclusion of property within such zones shall not of itself constitute exemption from taxation; to provide for the enactment of planning and zoning ordinances to promote the educational, cultural, eco nomic and general welfare of the City of Augusta by preserving and pro tecting districts, sites, buildings and objects which are significant in national, State or local history, architecture, archeology and culture, and to promote the general welfare through the benefits resulting to the economy of the City of Augusta in developing and maintaining its va cation-travel industry; to provide for the definition of the term "historic zone"; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XI of the Constitution is hereby amended by adding a new paragraph thereto as follows:
"The city council of Augusta is authorized to establish 'historic zones' in the city within the area generally bounded on the North

FRIDAY, FEBRUARY 20, 1970

1559

by the Savannah River, on the East by East Boundary, on the South by Gwinnett Street and on the West by Fifteenth Street and to en act appropriate planning and zoning ordinances applicable there to; provided that inclusion of any property within such zone shall not of itself constitute an exemption from taxation therefor.

The purposes of such planning and zoning ordinances shall be to promote the educational, cultural, economic and general wel fare of the City of Augusta by preserving and protecting districts, sites, buildings and objects which are significant in national, State or local history, architecture, archeology and culture, and to pro mote the general welfare through the benefits resulting to the economy of the City of Augusta in developing and maintaining its vacation-travel industry.

As used herein, a 'historic zone' is a district or area within which the buildings, structures, appurtenances and places are of basic and vital importance for the development and maintenance of the community's vacation-travel industry, its tourism, its culture, and for the protection of property values because of their associa tion with history; because of their unique architectural style and scale, including color, proportions, aesthetics, form and architec tural details; the design or general arrangement of such zone should be preserved and/or developed according to a fixed plan based on economic, cultural, historical or architectural motives or purposes."

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 authorize the city council of Augusta as the governing au thority of the City of Augusta to establish historic
NO ( ) zones within designated areas of the city; to provide that inclusion of property within such zones shall not of itself constitute exemption from taxation; to pro vide for the enactment of planning and zoning ordi nances to promote the educational, cultural, economic and general welfare of the City of Augusta by pre serving and protecting districts, sites, buildings and objects which are significant in national, State or local history, architecture, archeology and culture, and to promote the general welfare through the benefits resulting to the economy of the City of Augusta in developing and maintaining its vacation-travel in dustry?"

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".

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If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 McGill Miller Noble Patton Pennington Plunkett Eeeder 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 55, nays 0.
The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 812. By Messrs. Nash and Mason of the 13th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to divide said county into

FRIDAY, FEBRUARY 20, 1970

1561

districts for certain public purposes and to impose and collect taxes, fees, and charges therefor; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section IV, Paragraph I of the Constitu tion of the State of Georgia of 1945 is hereby amended by adding at the end thereof a new paragraph to read as follows:

"The Board of Commissioners of Gwinnett County, Georgia, as the governing authority of said county, is hereby authorized to establish districts for the purpose of building, erecting, leasing, pur chasing, establishing, maintaining, and operating within Gwinnett County: paved and unpaved public streets, roads, and sidewalks; paving and curbing of public streets and roads within said county; storm sewers for the removal and disposal of surface waters and streams within said county; sidewalks adjacent to public streets, roads, and ways situated within said county; street lights and lamps for illumination of the public streets, roads, sidewalks, and ways situated in said county; parks, recreation areas, playgrounds, recreation centers, and other recreation facilities and activities within said county; or either one of the foregoing. For the carrying out of the aforesaid powers and purposes, said Board of Commis sioners shall be further authorized to levy a tax and special assess ments on the full assessed value of all property in said districts without exemption for the aforesaid purposes and make service charges against all businesses and residences served by said facili ties, or either of said facilities, as said Board of Commissioners shall deem necessary for the services rendered, all without regard to uniformity. The same shall be collected by the Tax Commis sioner of said county and may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions which are issued for State and county taxes. Said Board shall also have au thority to compel compliance with reasonable rules and regulations necessary for said services.

The Board of Commissioners of Gwinnett County, Georgia, as the governing authority of said county, in addition to all powers hereto conferred upon it, is hereby authorized and empowered to provide systems of garbage disposal in said county. For the carrying out of such purpose, said Board of Commissioners shall be au thorized to establish sanitation districts in such territorial areas of the county as it deems advisable and to levy assessments and make service charges against all businesses, residence and property served by said garbage disposal facilities, as said Board shall deem necessary for the services rendered in said sanitation districts. Said Board of Commissioners shall have the power to acquire by pur chase or lease any land necessary for the operation of a sanitary landfill within said county and shall have the power to operate and maintain sanitary landfills within said county. Said Board of Commissioners shall have the power and authority to require and compel all businesses located therein and all persons residing in

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said area to comply with all rules and regulations adopted by said Board for garbage disposal facilities. The assessments and service charges levied to pay the cost of such garbage disposal systems may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions which are issued for county taxes and shall be collected by the Tax Commissioner of said county in the same manner as taxes are collected."

Section 2. 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 authorize the Board of Commissioners of Gwinnett County to
NO ( ) divide said county into districts for certain public purposes to impose and collect taxes, fees, and charges therefor?"

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 McGill Miller Noble Patton Pennington Plunkett Reeder

FRIDAY, FEBRUARY 20, 1970

1563

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 55, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 841. By Messrs. Sweat and Dixon of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Education of Clinch County by the people; to provide for the appointment of the County School Superintendent of Clinch County by the Board of Education of Clinch County; to provide for all matters relative to the foregoing; to provide for all matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"There is hereby created a new board, to be known as the Board of Education of Clinch County, which shall have the same powers and duties as the present board of education. The County of Clinch shall be composed of one (1) school district and shall be confined to the control and management of the Board of Educa tion of Clinch County. The Board of Education of Clinch County shall consist of five (5) at large members who shall be elected by the qualified voters of the entire county for terms of office of four (4) years each and until their successors are elected and quali fied. Candidates for election to the Board of Education of Clinch County shall specifically designate the particular post for which they are offering by number. To be elected to such post, the candi date must receive the highest number of votes cast in the election. The Board shall elect a chairman from among its members at its first regular meeting in each year. Any vacancy occurring in the

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JOURNAL OF THE SENATE,

membership of the Board of Education of Clinch County for any reason shall be filled by the majority vote of the remaining mem bers of the Board of Education.

In order to be eligible to hold office as a member of said Board, the person must be of good moral character, favorable to the com mon school system, have at least a fair knowledge of the ele mentary branch of the English education, and must be qualified to vote for members of the General Assembly. No person shall be eligible for membership on the Board unless he has been a resi dent of Clinch County for at least one (1) year immediately pre ceding the date of his election to said Board. The Board of Educa tion of Clinch County created herein shall be subject to all con stitutional and statutory provisions relative to county boards of education, unless such provisions are in conflict with the pro visions of this amendment. The Board of Education of Clinch County in existence at the time of ratification of this amendment is hereby abolished on December 31, 1972, and the terms of all members of such Board shall expire at that time.

The first election for members of the Board of Education of Clinch County created herein shall be at the November general election in 1972. The persons elected at such first election shall take office on January 1, 1973, for terms of office of four (4) years each and until their successors are elected and qualified. An election shall be held quadrennially thereafter for the election of members to the Board of Education of Clinch County, and the persons elected shall take office immediately following their elections for terms of office of four (4) years each and until their successors are elected and qualified.

The Board of Education created herein shall appoint the County School Superintendent who shall serve at the pleasure of the Board. No election shall be conducted for county school superintendent at the November general election in 1972. The Board of Education shall fix the salary and other compensation of the County School Super intendent. The County School Superintendent appointed by the Board shall be subject to all constitutional and statutory provisions relative to county school superintendents unless such provisions are in conflict with the provisions of this amendment."

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 provide for the election of the members of the Board of Edu-
NO ( ) cation of Clinch County by the people and for the appointment of the County School Superintendent of Clinch County by the Board?"

FRIDAY, FEBRUARY 20, 1970

1565

All persons desiring to vote in favor of ratifying the proposed amend ment 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 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 Patton 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 55, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

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JOURNAL OF THE SENATE,

HR 843. By Messrs. Sweat and Dixon of the 65th:

A RESOLUTION

Proposing- an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County, and to provide that the governing authority of Ware County shall establish and main tain a county police force; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitu tion is hereby amended by striking therefrom the following paragraph:
"Effective January 1, 1969, the powers, duties and responsibili ties of the sheriff of Ware County, as they relate to the enforce ment of the criminal laws of the United States, this State and any political subdivision thereof, shall devolve upon and be exercised by a county police force which shall be established by the govern ing authority of Ware County pursuant to the provisions of Code Chapter 23-14 for the purposes of enforcing such laws and exer cising and discharging all of the powers, duties and responsibilities formerly vested in the sheriff of Ware County insofar as his crimi nal law enforcement responsibilities and duties are concerned. The sheriff of Ware County shall continue to discharge all of the powers, duties and responsibilities of his office as they pertain to the Su perior Court of Ware County and the City Court of Waycross, as well as his powers, duties and responsibilities as the jailor of the Ware County Jail.",

and substituting in lieu thereof the following paragraph:

"The governing authority of Ware County shall establish and maintain a county police force. Until January 1, 1971, the pro visions of this Paragraph, as they existed prior to the ratification of this amendment, shall continue of full force and effect. At such time, the provisions of this paragraph, as provided for above, shall become effective."
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 restore, effective January 1,1971, the law enforcement powers
NO ( ) to the sheriff of Ware County, and to provide that the governing authority of Ware County shall establish and maintain a county police force?"

FRIDAY, FEBRUARY 20, 1970

1567

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 Eldridge of the 7th offered the following amendment:

Amend HR 843 by striking from line 8 of page 1 the following:

"Paragraph VI"

and substituting in lieu thereof:

"Paragraph VII".

On the adoption of the amendment, the ayes were 45, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, 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 Patton 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 as amended.

HR 810. By Messrs. Maxwell, Miles and Simkins of the 78th, Sherman and DeLong of the 80th and Dent of the 79th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to authorize the Board of Commissioners of Richmond County to establish districts for the purpose of erecting, establishing, maintaining and operating street lights within said county, and to levy taxes, as sessments or service charges for the construction, maintenance and operation thereof; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I, of the Constitu tion is hereby amended by adding at the end thereof a new paragraph to read as follows:
"The Board of Commissioners of Richmond County shall be au thorized and empowered to establish districts for the purpose of erecting, establishing, maintaining and operating within Richmond County street lights and lamps for illumination of the public streets, roads, sidewalks and ways situated in said county. If at least fifty percent of the property owners within the proposed district shall assent thereto, the Board shall be further authorized to levy, as sess and collect a tax or special assessment against the property lo cated in said districts for the aforesaid purposes or make service charges against all businesses and residents served by said facilities as the Board of Commissioners shall deem necessary for the services rendered, all without regard to uniformity. Such tax assessments shall be collected by the tax commissioner of said county and may be enforced by the issuance of fi. fas. or executions for said charges in the same manner and with the same lien dignity and priority as fi. fas. or executions are issued for State and county taxes. Said Board shall also have authority to compel compliance with reason able rules and regulations for said services."
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.

FRIDAY, FEBRUARY 20, 1970

1569

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the Board of Commissioners of Richmond County to
NO ( ) establish districts for the purpose of erecting, estab lishing, maintaining and operating street lights with in said county, and to levy taxes, assessments or service charges for the construction, maintenance and operation thereof?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 McGill Miller Noble Patton 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.

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JOURNAL OF THE SENATE,

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.

HR 648. By Messrs. Scarlett and Harris of the 67th:
A RESOLUTION
To propose an amendment to the Constitution of the State of Georgia to create a body corporate and politic and an instrumentality of the State of Georgia to be known as the Glynn County Public Improve ment Authority; to provide the manner in which the name of such Au thority may be changed; to authorize said Authority to acquire, con struct, equip, maintain, and operate public projects embracing build ings and facilities for use by Glynn County and other political sub divisions of the State of Georgia, for their governmental, proprietary, and administrative functions and for the development and promotion of the civic and cultural growth, public welfare, education, amusement, and recreation of their citizens, and for use by such other agencies, au thorities, departments, and political subdivisions of the State of Geor gia or of the United States of America, as may contract with the Au thority for the use of such facilities and embracing systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses and the collection, treat ment, and disposal of sewage, waste, and storm water; to authorize Glynn County and any other political subdivision of the State of Geor gia to lease or sell lands and buildings to such Authority; to provide for the appointment of the members of the Authority; to provide for the manner of changing the number of members and the manner of their appointment to define certain words and terms; to confer powers and impose duties on the Authority; to authorize the Authority and Glynn County and other agencies, authorities, departments, and political sub divisions of the State of Georgia to enter into contracts and leases per taining to the use of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of the facilities for the term thereof and to pledge for that purpose money derived from taxation; to provide that no debt, within the meaning of the Constitu tion of the State of Georgia, Art. VII, VII, 1fl, of Glynn County or of any other political subdivision of the State of Georgia shall be in curred by the exercise of any of the powers hereby granted; to au thorize the issuance of revenue bonds of the Authority payable from the revenues, rents, tolls, charges, and earnings, and other funds of the Authority to pay the costs of such projects; to authorize the collecting and pledging of such revenues, rents, tolls, charges, and earnings for the payment of such bonds and for the cost of operating, maintaining, and repairing such projects, to authorize the adoption of resolutions and the execution of trust and security instruments to secure the payment of such bonds and to provide the rights of the owners of such bonds; to make the bonds of the Authority exempt from taxation; to provide the right and power for the Authority to condemn property of every kind

FRIDAY, FEBRUARY 20, 1970

1571

and character; to authorize the issuance of revenue refunding bonds; to provide for the validation of such bonds and to fix the venue or jurisdic tion of actions relating to any provisions of this amendment; to pro vide that such bonds shall be legal investments and to exempt the same and the interest thereon, along with all property and income of the Authority, from taxation; to provide for the Authority immunity and exemption from liability for torts and negligence; to provide that the property of the Authority shall not be subject to levy and sale; to pro vide that this amendment shall be liberally construed; to provide an ef fective date for this amendment; to provide that no enabling legisla tion shall be necessary; 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 VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"1. Glynn County Public Improvement Authority Created. There is hereby created a public body corporate and politic to be known as the Glynn County Public Improvement Authority, hereinafter sometimes designated as the Authority, which shall be an instrumentality and a public corporation of the State of Georgia, the name of which, however may be changed in the future by an act of the General Assembly and the purpose of which shall be to acquire, construct, reconstruct, im prove, better, extend, and equip public projects, as hereinafter defined, within or without the territorial boundaries of Glynn County.
"2. Membership. The Authority shall consist of five members who shall be eligible to succeed themselves and who shall be elected by the Commissioners of Glynn County. The members of said Commission shall not be eligible to be elected to and to serve on said Authority. The members of the Authority shall hold office for the term of five years and until their successors shall have been elected and qualified, provided, however, that, of the original members elected to the Authority, one shall be elected for a term of one year, one for two years, one for three years, one for four years, and one for five years. Any vacancy on the Authority shall be filled for the unexpired term, and said County Com mission may act to fill vacancies caused by the expiration of term before the vacancy occurs. Immediately after their election, the members of the Authority shall enter upon their duties. The Authority shall elect one of its members as Chairman, and one as Vice-Chairman, and shall also elect a Secretary and a Treasurer, or a Secretary-Treasurer who may but need not necessarily hold membership on the Authority. Three members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority, and in every in stance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. The members of the Authority shall receive no compen sation for their services but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own gov ernment and shall have perpetual existence. In the event the number

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JOURNAL OF THE SENATE,

of members of the Authority or the number required to constitute a quorum, or the qualifications or compensation of the members of the Authority, or the manner in which the members of the Authority shall be selected shall ever become the subject of change, the same may be accomplished by act of the General Assembly.

"3. Definitions. As used herein, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:

" (a) The word, 'Authority' shall mean the Glynn County Public Improvement Authority, created hereby.

"(b) The word 'project' shall mean and include real and per sonal property acquired or held by the Authority for one or a com bination of two or more of the following undertakings: public buildings and facilities intended for use as a courthouse, jail, ad ministrative offices, governmental offices, proprietary and utility offices, all buildings and facilities of every kind and character de termined by the Authority to be desirable for the efficient operation of any department, board, office, commission, or agency of Glynn County or any other political subdivision of the State of Georgia in the performance of the governmental, proprietary, and admin istrative functions of such political subdivision or in the development and promotion of the civic and cultural growth, public welfare, edu cation, amusement and recreation of the citizens of such political sub division, also all buildings and facilities intended for use by any division, department, institution, authority, or agency of the State of Georgia or of the United States of America, and all systems, plants, works, instrumentalities, and properties used or useful in connection with the obtaining of a water supply and the conserva tion, treatment, and disposal of water for public and private uses and the collection, treatment, and disposal of sewage, waste, and storm water together with all parts of any such undertaking and all appurtenances thereto including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reser voirs, generating stations, sewage disposal plants, intercepting sew ers, trunk connecting and other sewer and watermains, filtration works, pumping stations, and equipment. All real and personal property alluded to hereinabove shall be used solely for public pur poses, and no private individual, corporation or firm shall be en titled to use same. The exterior of the present Glynn County Courthouse shall not be changed nor shall any additional build ings be placed on the Courthouse Square unless the qualified voters of Glynn County voting in a referendum shall approve same.

"(c) The term 'cost of project' shall embrace, inter alia, the cost of lands, buildings, improvements, machinery, equipment, property, easements, rights, franchises, material, labor, services acquired or contracted for, plans and specifications, financing charges, construction costs, interest prior to and during construc tion and for six months thereafter, architectural, accounting, en gineering, inspection, administrative, fiscal, and legal expenses expenses incident to determining the feasibility or practicability

FRIDAY, FEBRUARY 20, 1970

1573

of the project, expense incident to the acquiring, constructing, equipping, maintaining, and operating of any project or any part thereof and to the placing of the same in operation and to the con demnation of any property incident to such acquisition, construc tion, and operation.

"(d) The term 'revenue bonds' as used in this amendment, shall mean revenue bonds under the provisions of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, and under the pro visions of this amendment. The obligations authorized hereby may be issued by the Authority in the manner authorized under said Revenue Bond Law but shall be subject to no limitation as to rate of interest contained in said law.

"4. Powers. The Authority shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this amendment, including, but without limiting the generality of the foregoing, the power

"(a) to sue and be sued, subject to the limitations herein provided;

"(b) to adopt and alter a corporate seal;

"(c) to make and execute with public and private persons and corporations, contracts, leases, rental agreements, and other instru ments relating to its projects and incident to the exercise of the powers of the Authority including contracts for constructing, rent ing, and leasing of its projects for the use of Glynn County and of any division, department, institution, authority, agency, or po litical subdivision of the State of Georgia or of the United States of America; and all divisions, departments, institutions, authori ties, agencies, municipalities, counties and other political subdi visions of the State of Georgia are hereby authorized to enter into such contracts, leases, or related agreements for the use of any struc ture, building or facility or a combination of any two or more structures, buildings, or facilities of the Authority for a period of time not exceeding forty years upon such terms and for such pur poses as they determine to be advisable and, upon approval of their governing bodies, may obligate themselves to pay an agreed sum for the use of such property so leased and also obligate themselves
as a part of the undertaking to pay the cost of maintaining, re pairing, and operating the property furnished by and leased from the Authority; provided, however, that when the sums agreed to be paid under the provisions of such lease contracts or related agree ments are pledged or assigned to secure the payment of revenue bonds issued hereunder, then the contracting parties shall be au thorized to make the term of such contracts or agreements for a period not to exceed forty years or until all of such bonds, as to both principal and interest, are fully paid, and provided, further, that, under any such lease contract or related agreement, the lessees or tenants shall have the right to sublet to public persons or cor-

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porations any portion of the leased or rented premises not needed for the purposes of the lessees or tenants;

"(d) to construct, reconstruct, improve, better, extend, operate, and maintain any water and sewer project or projects as defined in paragraph 3(b), hereof, including the sale of water and water and sewer services to public and private customers, including po litical subdivisions of the State of Georgia, for use or for resale within or without the territorial boundaries of such political sub divisions, and to prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities furnished by such undertaking;

"(e) to acquire in its own name, for the benefit of the public only, however, by purchase, on such terms and conditions and in such manner as it may deem proper, or by exercise of the power of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use or disposition of any of its projects or facilities in any manner it deems to the best ad vantage of the Authority and the purposes thereof; provided, how ever, that the Authority shall be under no obligation to accept and pay for any property condemned as provided herein except from the funds provided under authority hereof, and, in any proceedings to condemn, such orders may be made by the court having jurisdic tion of the suit, action, or proceedings as may be just to the Au thority and to the owners of the property to be condemned and no property shall be acquired as provided herein upon which any lien or other encumbrance exists unless, at the time such property is so acquired, a sufficient sum of money shall be deposited in trust to pay and redeem the fair value of such lien or encumbrance; the power of eminent domain conferred hereinabove shall not be con strued to authorize the exercise of such power beyond the limits of Glynn County.

"(f) to improve, extend, add to, reconstruct, renovate or re model any project or part thereof already acquired;

" (g) to pledge or assign, as security for the payment of any bonds authorized to be issued hereunder, any revenues, income, rent, tolls, charges, and fees received by the Authority;
"(h) to appoint and select agents, engineer architects, at torneys, fiscal agents, accountants, and employees and to provide for their compensation and duties;

" (i) to construct, reconstruct, acquire, own, alter, repair, re model, maintain, extend, improve, operate, manage and equip projects located on land owned or leased by the Aiithority and to pay all or part of the costs of any such project from the proceeds

FRIDAY, FEBRUARY 20, 1970

1575

of revenue bonds of the Authority or from any contributions, loans,, or grants by persons, firms, or corporations, including the United States of America, and any other contribution, all of which the Au thority is hereby authorized to receive, accept, and use;

"(j) To accept, receive, and administer gifts, grants, loans, appropriations, and donations of money, material, and property of any kind, including loans and grants from the United States of America or the State of Georgia or any agency or instrumentality thereof upon such terms and conditions as the United States of America, the State of Georgia, or such agency, department, au thority, or instrumentality may impose, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its proper ty and assets, except that water and sewer facilities may not be mortgaged or encumbered.

" (k) to borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the owners thereof;

"(1) to exercise all powers usually possessed by private cor porations performing similar functions which are not in conflict with the constitution and laws of this state; and

"(m) pursuant to proper resolution of the Authority to issue revenue bonds payable from the revenues of the Authority and its projects to provide funds for carrying out the purposes of the Authority, which bonds may be issued in either fully negotiable coupon form, in which event they shall have all the qualities and incidents of negotiable instruments under the law of Georgia, or they may be issued in whole or in part in non-negotiable fully registered form without coupons, payable to a designated payee or to the registered assigns of the payee with such conversion privileges as the Authority may provide, for the purpose of paying all or any part of the cost of any project, or for the purpose of refunding as herein provided, any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the procedure of the Revenue Bond Law of Geor gia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8, providing for the issuance of revenue bonds, and in accordance with all terms and provisions thereof not in conflict herewith and in accordance with the Signatures on Public Securities Act, I Ga. L. 1958, p. 689, codified in Ga. Code Ann., 87119, and, as security for the payment of any revenue bonds so au thorized, any rents and revenues of the Authority and its property and assets may be pledged, mortgaged, encumbered, and assigned, and provisions may be made for the rights of the owners of such bonds, including provisions for foreclosure or forced sale of any property or facilities of the Authority, except water and sewer fa cilities, upon default either in payment of principal of or interest on the bonds or default under any condition pursuant to which the bonds were issued. Such bonds are declared to be issued for an essential public and governmental purpose, and such bonds and

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all income therefrom shall be exempt from all taxation within the State of Georgia.

"5. Credit Not Pledged and Debt Not Created by Bonds. Revenue

bonds issued under the provisions hereof shall not constitute a debt or

a pledge of the faith and credit of the State of Georgia or Glynn County,

or of any agency, instrumentality, department, or political subdi

vision of the State or of the United States of America which may

have contracted with the Authority, but such bonds shall be payable

from the rentals, revenues, tolls, fees, charges, earnings, and funds of

the Authority as provided in the resolution and trust agreement or in

denture authorizing the issuance and securing the payment of such

bonds, and the issuance of such bonds shall not directly, indirectly, or

contingently obligate the state or any political subdivision thereof to

levy or pledge any form of taxation whatever for the payment thereof.

No owner of any bond or receiver or trustee in connection therewith

shall have the right to enforce the payment thereof against any property

:

of the state or of any political subdivision thereof nor shall any such

bond constitute a charge, lien, or encumbrance, legal or equitable, upon

any such property. All such bonds shall contain on their face a recital

setting forth substantially the foregoing provisions of this section.

"6. Legal Investments. The bonds herein authorized shall be se curities in which all public officers and bodies of this State and all po litical subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust com panies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment com panies, and other persons carrying on a banking business, all admin istrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and may be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized.
"7. Contracts for Use of Projects.
"(a) Any political subdivision of the state may obligate it self to pay the amount required under any contract entered into with the Authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obliga tions contractually incurred under this amendment, and from any other source, and the obligation to make such payments shall consti tute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of the Constitution of the State of Georgia, Art. VII, VII, Ifl; and when such obligation is made to make such pay ments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in amount sufficient to fulfill and fully comply with the terms of such obligation.

FRIDAY, FEBRUARY 20, 1970

1577

"(b) Any such political subdivision which shall have entered into such a contract pursuant to the provisions hereof shall annually in each and every fiscal year during the term of such contract in clude in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the pay ments required to be made in each year by such contract until all payments required under such contract have been paid in full. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their ac counts in each fiscal year the amounts required to pay the obliga tions called for under any such contract. The amount of the ap propriation in each fiscal year to meet the obligations of such con tract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations created under the terms and conditions of such con tract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure. Such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made, and any such political subdivision may obligate itself and its successors to use only such structure, building, or facilities constituting such project and none other.

"(c) Such lease or rental contract or related agreement may provide that, in the event there shall be more than one lessee or tenant as parties to such contract or agreement, then, such lessees or tenants shall, by the execution of such obligation, assume and incur joint and several liability and responsibility for the payment of the rental called for in such contract or agreement, and shall have the right and power by contract between themselves, in such manner as not to affect such joint and several liability and re sponsibility, to provide, as between themselves, their proportionate share of such liability and responsibility and provide for the future assumption by one of them of the obligations, liability, and responsi bility of the other and for the relinquishing and assigning by such other of all its right and interest in such lease, and in any ultimate conveyance of such property by the Authority, to the lessee or ten ant assuming such obligations, liability, and responsibility, under such terms and conditions and for such consideration as may be provided in such contract or agreement made between themselves, and such contract between themselves shall in no way diminish or affect any joint or several liability or responsibility to the Authority incurred or assumed in any lease contract or rental agreement entered into with the Authority as authorized herein.

"8. Trust Agreement. In the discretion of the Authority any issue of revenue bonds may be secured by a trust agreement or indenture made by the Authority with a corporate trustee which may be any trust com pany or bank having the powers of a trust company within or without the State of Georgia. Such trust agreement or indenture may pledge and assign rents, tolls, fees, charges, revenues, and earnings to be re ceived by the Authority. The resolution providing for the issuance of revenue bonds and such trust agreement or indenture may contain pro-

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visions for protecting and enforcing the rights and remedies of the bond owners, including the right of foreclosure of any mortgage or encum brance and the right of appointment of a receiver upon default of the payment of any principal or interest obligation and the right of any re ceiver or trustee to enforce collection of any rents, fees, charges, or revenues for use of the project or projects necessary to pay all costs of operation and all reserves provided for, all principal and interest on all bonds in the issue, all costs of collection, and all other costs rea sonably necessary to accomplish the collection of such sums in the event of any default of the Authority. Such resolution and such trust agree ment or indenture may include covenants setting forth the duties of the Authority in relation to the acquisition of property for the con struction of the project and to the custody, safeguarding, and applica tion of all funds and covenants providing for the operation, maintenance repair, and insurance of the project or projects and may contain pro visions concerning the conditions, if any, upon which additional bonds may be issued. Such resolution and trust agreement or indenture may set forth the rights and remedies of the bond owners and of the trustee and may restrict the individual right of action of bond owners as is customary in securing the payment of bonds and debentures of private corporations and may contain such other provisions as the Authority may deem reasonable and proper for the security of the bond owners. All ex penses incurred in carrying out such trust may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such trust.

"9. Refunding Bonds. The Authority may provide by resolution for the issuance of revenue bonds of the Authority for the purpose of calling, refunding, or refinancing any revenue bonds issued under the provisions hereof and then outstanding, and may include in the amount of such refunding bonds all interest and any call premiums that may be required for the redemption and refunding of such outstanding bonds.

"10. Venue of Actions, Jurisdiction. Any action to protect or enforce any rights under the provisions hereof or any action against the Author ity brought in the courts of the State of Georgia, shall be brought in the Superior Court of Glynn County, Georgia, and any action pertaining to validation of any bonds issued under the provisions hereof shall be brought in said court which shall have exclusive, original jurisdiction of such actions.
"11. Bond Validation. All bonds of the Authority shall be con firmed and validated in the Superior Court of Glynn County in ac cordance with the procedure of the Revenue Bond Law of Georgia, Ga. L. 1937, p. 761, as now or hereafter amended, codified in Ga. Code Ann., Ch. 87-8. The petition for validation shall be brought against said Au thority and, in the event the payments to be made by any department or agency of the United States of America, if such department or agency is subject to be sued, or by any department, agency, authority, or po litical subdivision of the State of Georgia under a contract entered into between the Authority and such other contracting party are pledged as security for the payment of the bonds sought to be validated, such other contracting party or parties shall also be made a party or parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions

FRIDAY, FEBRUARY 20, 1970

1579

thereof should not be adjudicated to be in all respects valid and binding upon such contracting parties. It shall be incumbent upon such defend ants to defend against adjudication of the validity and binding effect of such contract or contracts or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing re quired to be issued and published by the Clerk of the Superior Court of Glynn County in which court such validation proceedings shall be initiated. Any resident of said county may intervene in the validation proceeding in accordance with the procedure prescribed in said Revenue Bond Law, and appeal from the judgment in said proceeding may be taken in accordance with the appellate procedure prescribed in said law. In the event no such appeal is filed within the time prescribed by law or if filed, the judgment shall be affirmed on appeal, the judgment of the Glynn County Superior Court so confirming and validating the validity and binding effect of such contract or contracts and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts and bonds and the security therefor against the Authority issuing the same and against the parties to such contracts and against all residents of said county.

"12. Interest of Bond Owners Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner that will affect adversely the interest and rights of the owners of such bonds, nor will the State itself so compete with the Authority. The provisions hereof shall be for the benefit of the residents of this state, the Authority, and every owner of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the owners of such bonds.

"13. Revenues, Earnings, Rents, Rates, Fees, Tolls, and Charges; Use.
"(a) For the purpose of earning sufficient revenue to make possible the financing of the construction of the project or projects of the Authority with revenue bonds, the cost of which shall include all elements of cost authorized hereby and by said Revenue Bond Law, as now or hereafter amended, the Authorty is authorized and empowered to fix and revise rents and rates and to collect pay ments, fees, tolls, and charges on each project, or on the services, commodities, and facilities thereof which it shall cause to be ac quired, constructed, improved, enlarged, or extended. Such rentals, fees, rates, tolls, and charges to be paid for the use of such project or projects or on the services, commodities, and facilities thereof shall be so fixed and adjusted as to provide a fund sufficient with other revenue, if any, of such project or projects or of said Au thority :
"(i) to pay the cost of operating, maintaining, and re pairing the project or projects, including reserves for insurance and extraordinary repairs and other reserves required by the resolution or trust agreement or indenture pertaining to such bonds and the issuance thereof unless such cost shall be other wise provided for;

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"(ii) to pay the principal of and interest on such revenue bonds as the same shall become due, including dis count, if any, the proceeds of which shall have been or will be used to pay the cost of such project or projects;

"(iii) to comply with any sinking fund requirements con tained in the resolution or trust agreement or indenture per taining to the issuance of and security for such bonds;

"(iv) to perform fully all provisions of such resolution and trust agreement or indenture relating to the issuance of or security for such bonds to the payment of which such rental is pledged;

" (v) to accumulate any excess income which may be re quired by the purchasers of such bonds or may be dictated by the requirements of such resolution or trust agreement or in denture or of achieving ready marketability of and low interest rates on such bonds; and

"(vi) to pay any expenses in connection with such bond issue or of such project or projects including but not limited to trustees', attorneys', and fiscal agents' fees.

"(b) Such rentals or revenues shall be payable at such inter vals as may be agreed upon and set forth in the rental contract, lease, or other instrument providing therefor and any such con tract, lease, or other instrument may provide for the commence ment of rental payments or charges to the Authority prior to the completion of the undertaking by the Authority of any such project, and it may provide for the payment of rentals or charges during such times as such project or projects may be partially or wholly untenable or incapable of rendering service.

"(c) Such rental contract, lease, or other instrument may ob ligate the tenants, lessees, customers, users, or consumers to operate, maintain, and keep in good repair, including complete reconstruc tion, if necessary, the project or projects regardless of the cause of the necessity of such maintenance, repair, or reconstruction.

" (d) Such rental contract, lease, or other instrument may obligate the tenants, lessees, customers, users, or consumers to indemnify and save harmless the Authority from any and all dam age to persons and property occurring on or by reason of the existence of the project and to undertake, at the expense of the tenants, lessees, customers, users, or consumers any defense of any action brought against the Authority by reason of injury or damages to persons or property occurring on or by reason of the existence of the project.

"(e) In the event of any failure or refusal on the part of the tenants, lessees, customers, users, or consumers to perform punc tually any convenant or obligation contained in any such rental

FRIDAY, FEBRUARY 20, 1970

1581

contract, lease, or other instrument, the Authority may enforce performance by any legal or equitable process against such tenants, lessees, customers, users, or consumers.

"(f) The Authority shall be permitted to assign any rentals or other revenues payable to it pursuant to such rental contract, lease, or other instrument to a trustee or paying agent as may be required by the terms of the resolution or trust agreement or inden ture relating to the issuance of and security for such bonds.

"(g) The use and disposition of the Authority's revenue shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of the trust agreement or indenture, if any, securing the same.

"14. Sinking Fund. The revenue, rents, and earnings derived from any particular project or projects and any and all revenues, rents, tolls, fees, charges, and earnings received by the Authority regardless of whether or not the same were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the Authority to payment of the principal of and interest on revenue bonds of the Authority as may be provided in any resolution authoriz ing the issuance of such bonds or in any trust instrument pertaining to such bonds, and such funds so pledged, from whatever source received, may include funds received from one or more or all sources and may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust instrument and which may be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall become due, (2) the principal of the bonds as the same shall mature, (3) the necessary charges of any trustee, paying agent, or registrar for such bonds, and (4) any premium upon bonds retired by call or purchase, and the use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust instrument securing the payment of the same.

"15. Exemption From Taxation. The exercise of the powers con ferred upon the Authority hereunder shall constitute an essential govern mental function for a public purpose. The Authority shall be an in stitution of purely public charity, and all property of said Authority shall in all respects be considered to be public property, and title to such property shall be held by the Authority only for the benefit of the public. The use of such property pursuant to the terms hereof shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare, and the Authority shall be required to pay no taxes or assessments upon any of the property acquired by it under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property ac quired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property, buildings, services, or commodities or other income received by the Authority, and all other property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes.

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"16. Property Not Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except as may be otherwise provided in this amendment.

"17. Trust Funds. All funds received pursuant to the authority hereof, whether as proceeds from the sale of revenue bonds or as revenues, rents, fees, charges, or other earnings, or as grants, gifts, or other contributions, shall be deemed to be trust funds to be held and applied solely as provided herein, and the bond owners entitled to re ceive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the Authority.

"18. Construction. This amendment and all provisions, rights, powers, and authority granted hereunder shall be effective, notwith standing any other provision of this constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

"19. Effective Date. This amendment shall be effective immedi ately upon proclamation of its ratification by the Governor.

"20. This amendment is self enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority.

"21. Conveyance of Property Upon Dissolution. Should said Au thority for any reason be dissolved after full payment of all bonded indebtedness incurred hereunder, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall be conveyed to Glynn County or to such other political subdivision of the State of Georgia as shall have contracted for the use of such project in such manner that the interest conveyed to each such contracting party shall be that part of the whole which the amount of rent or other charge paid on such project by such grantee shall bear to the whole amount of rent or charge paid on such project, or in such manner as may be agreed upon by the contracting parties, or title to any such property may be conveyed prior to such dissolution in ac cordance with provisions which may be made therefor in any resolu tion or trust instrument relating to such property, subject to any pledges, liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance."

Section II. When the above proposed amendment to the constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Par. I of the Constitution of the State of Georgia of 1945, as amended.

FRIDAY, FEBRUARY 20, 1970

1583

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the Glynn County Public Improvement Authority and to provide for powers, authority, limitations, funds,
NO ( ) purposes, and procedures connected therewith and to authorize the Authority to issue its bonds and to provide the method and manner of such issuance and validation and the effect thereof."

All persons desiring to vote in favor of ratifying the proposed amendment shall do so by voting YES on the question propounded, and all persons desiring to vote against ratifying the proposed amendment shall do so by voting NO on the question propounded.

If such amendment shall be ratified as provided in the constitution, it shall become a part of the constitution of this state. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secre tary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Patton 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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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.

HE 824. By Mr. Wamble of the 69th:
A RESOLUTION
Proposing an amendment to Georgia Laws 1962, Pages 1200-1211, which amended Article VII, Section VII, Paragraph V of the Constitu tion of the State of Georgia of 1945 so as to remove the limitation on the rate of interest applicable to bonds issued by the City of Cairo De velopment Authority; to provide for submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitutional Amendment found in Georgia Laws 1962, Page 1200, and ratified at the General Election held on Novem ber 6, 1962, is hereby amended by striking the words "bear interest at rates not exceeding six percent per annum" following the words "not exceeding 30 years from their respective dates" and substituting there for the words "bear interest at such rates" and by striking the words "not to exceed six percent per annum" following the words "the in terest payable thereon", all in the fourth sentence of subsection (H) of Section 1 thereof, so that said subsection as amended shall read as follows:
"H. The authority with the consent and approval of the Mayor and Council of the City of Cairo is hereby authorized from time to time to issue revenue bonds in order to effectuate and carry out the purposes of this amendment. The principal and in terest of such bonds shall be paid from funds and assets available for that purpose. Said revenue bonds may be authorized by resolu tion of said Authority which may be adopted at a regular or special meeting by a majority vote of the members of the Authority. Said Authority in determining the cost of any undertaking for which revenue bonds are to be issued, may in addition to the purchase price of land and the contract price or cost of buildings and im provements included in the undertaking also cover all costs relative to the issuance thereof including engineering, inspection, fiscal and legal expenses and interest on the issue estimated to accrue during the construction period and for six months thereafter, and such bonds shall bear such date or dates mature at such time or times, not exceeding 30 years from their respective dates, bear

FRIDAY, FEBRUARY 20, 1970

1585

interest at such rates, and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and condi tions as the resolution authorizing the issuance of the bonds may provide; and said Resolution in addition to showing the principal amount of the proposed revenue bond issue shall also show their date or dates, denominations, their maturity at such time or times not exceeding 30 years from their respective dates, the interest payable thereon and the times of payment therefor, registration and/or redemption privileges, if any, and such other terms, coven ants, assignments and conditions as may have been agreed on and determined by said Authority. All bonds and the interest thereof so issued by such Authority are hereby declared to be nontaxable for any and all purposes. In addition to the consent and approval of the Mayor and Council of the City of Cairo, as aforesaid, in the event they have also determined or agreed to pledge in aid and support of said revenue bond issue all or any part of the maximum tax levy authorized by subsection (C) of Section 1 hereof, then and in such event the said Mayor and Council shall provide for a tax levy by Resolution in the form and manner contemplated and au thorized for general obligation bonds by Article VII, Section VII, Paragraph II of the Constitution of the State of Georgia of 1945, reciting in said Resolution that said maximum tax levy (if none of the same has been previously pledged for the purposes of this subsection), or some unpledged part thereof, for the whole period of time covered by said issue, or some particular part, denomina tions, or period thereof, all in the exclusive discretion of said Mayor and Council, is pledged and irrevocably appropriated, in aid and support of the payment of the principal and/or interest payments on said revenue bonds, or the part or portion thereof as specifi cally described and identified therein; and the city's obligation as thus determined and agreed upon shall also be represented by a contract between the City of Cairo and said Authority, reciting the same information as to said Revenue Bond issue as set out in the Resolution of said Mayor and Council prescribed above, and the same pledge and appropriation of tax levy in the aid and support of said Revenue Bonds and the payment thereof as set out in said city Resolution; and upon the passage of said city Resolution and the due execution of said contract, the City of Cairo and its govern ing authorities, and their successors in office, shall be bound in the same form and manner as provided in Article VII, Section VII, Paragraph II of the Constitution of the State of Georgia of 1945 to levy an annual tax up to but not exceeding two mills, in the particular rate as fixed, pledged and appropriated in its said Resolution and in its said contract to aid and support said Bond issue and its payment, of some part thereof, all as fixed and determined in its said Resolution and in its said contract. Such bonds as issued by said Authority shall be validated in the Su perior Court of Grady County in the same manner as revenue bonds of municipalities are validated by and under Georgia laws 1937, pages 761 et sequitur, as amended, and in the proceedings to validate such bonds both the City of Cairo and the Mayor and Council of the City of Cairo shall be named as parties defendant. In the event no bill of exception shall be filed within the time pre scribed by law, or if filed the judgment shall be affirmed by the Supreme Court, the judgment of the superior court confirming

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and validating the issuance of such bonds shall be forever con clusive as to the validity of said bonds and the security therefor against said Authority and against the Mayor and Council of the City of Cairo or other taxing authority of the said city to the extent of the rate or millage pledged for such purposes by the said city authorities."

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 remove the limitation on the rate of interest applicable to
NO ( ) bonds issued by the City of Cairo Development Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "YES". All persons desiring to vote against ratifying the proposed amendment shall vote "NO".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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 McGill

Miller Noble Patton Pennington Plunkett Reeder Reynolds Riley Rowan Scott Searcey
Smalley Smith of 18th Smith of 34th Spinks

Starr Stephens Trippe Tysinger

FRIDAY, FEBRUARY 20, 1970

1587

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.

HR 738. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Albany Development Authority and to provide for the powers, duties, and responsibilities of said Au thority; 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 VII, Paragraph I of the Constitu tion is amended by adding at the end thereof the following:
"1. There is hereby created in Albany, Dougherty County, Georgia, the Downtown Albany Development Authority, to be com posed of seven (7) members, four (4) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the downtown Albany Area as hereinafter defined, to be selected by the Downtown Merchants Association, one (1) mem ber shall be the Mayor of the City of Albany by virtue of his office, one (1) member shall be the Chairman of the Board of Commis sioners of Dougherty County, Georgia, by virtue of his office, and there shall be one (1) member at large to be selected by the Down town Merchants Association from merchants operating businesses within the Downtown Albany Area as hereinafter defined. The Mayor of the City of Albany and the Chairman of the Board of Commissioners of Dougherty County, Georgia, shall serve for the term of their offices. The member at large shall be elected for a term of two (2) years. Two (2) of the downtown property owners shall be elected for a period of one (1) year and two (2) shall be elected for a period of two (2) years, and thereafter the terms of office for all of said downtown property owners shall be two (2) years.

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2. The Downtown Albany Area shall consist of that area bound on the north by Flint Avenue, on the east by the Flint River, on the south by Oglethorpe Avenue and on the west by Jefferson Street. Said area shall include all properties abutting on the south side of Oglethorpe Avenue, abutting on the west side of Jefferson Street, and abutting on the north side of Flint Avenue.

3. The Downtown Albany Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey real and personal property, tangible and intangible, and do all things necessary to the accomplishment of its purposes.

4. The purpose of said Authority shall be the redevelopment of the Downtown Albany Area, and said Authority shall have the power to employ engineers and planners, to contract for the con struction, remodeling and altering of buildings, and to contract with the City of Albany for the construction, reconstruction, altering and changing and closing of streets and alleys.

5. The Authority shall have the power to create special tax districts within the Downtown Albany Area, and to levy and col lect taxes within said districts based on values fixed by the Tax Digest of the City of Albany, Georgia, to defray the costs of the foregoing.

6. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtednesses.

7. No taxes shall be levied by said Authority for any purpose against property used exclusively for residential and/or church purposes.

8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives."

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 pro vide for the establishment of a Downtown Albany
NO ( ) Development Authority and to provide for the powers, duties, and responsibilities of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

FRIDAY, FEBRUARY 20, 1970

1589

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 Holloway of the 12th offered the following substitute:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for the establishment of a Central Albany Development Authority and to provide for the powers, duties, and responsibilities of said Authority; to provide for the submission of this amendment for ratification or re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is amended by adding at the end thereof the following:
"1. There is hereby created in Albany, Dougherty County, Georgia, the Central Albany Development Authority, to be com posed of seven (7) members, four (4) of whom shall be owners of an interest of at least a life estate or greater interest in real estate located in the Central Albany Area as hereinafter defined, to be selected by the Downtown Albany Association, Inc., or its successor, one (1) member shall be the Mayor of the City of Al bany by virtue of his office, one (1) member shall be the Chair man of the Board of Commissioners of Dougherty County, Geor gia, by virtue of his office, and there shall be one (1) member at large to be selected by the Downtown Albany Association, Inc., or its successor, from merchants operating businesses within the central Albany Area as hereinafter defined. The Mayor of the City of Albany and the Chairman of the Board of Commissioners of Dougherty County, Georgia, shall serve for the term of their offices. The member at large shall be elected for a term of two (2) years. Two (2) of the Central Albany Area property owners shall be elected for a period of one (1) year and two (2) shall be elected for a period of two (2) years, and hereafter the terms of office for all of said Central Albany Area property owners shall be two (2) years.

2. The Central Albany Area shall consist of that area bound on the north by the alley running parallel to and lying immediate ly north of Roosevelt Avenue; on the east by the Flint River; on the south by the alley running parallel to and lying immediately south of Oglethorpe Avenue; and on the west by Monroe Street. Said area shall include all properties abutting on the west side of that portion of Monroe Street included within the area described.

3. The Central Albany Development Authority shall be a body corporate and politic, having the power to sue and be sued in its own name, to contract, to acquire, own, hold, lease, sell and convey

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JOURNAL OF THE SENATE,

real and personal property, tangible and intangible, and to do all things necessary to the accomplishment of its purposes.

4. The purpose of said Authority shall be the redevelopment of the Central Albany Area, and said Authority shall have the power to employ engineers and planners, to contract for the con struction, remodeling and altering of buildings, and to contract with the City of Albany for the construction, reconstruction, altering and changing and closing of streets and alleys.

5. The Authority shall have the power to create special tax districts within the Central Albany Area, to levy and collect taxes within said districts based on values fixed by the Tax Digest of the City of Albany, Georgia, to defray the costs of the foregoing, and to issue executions and enforce payment of same in the same manner as tax executions for the City of Albany are issued and enforced.

6. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and col lect taxes within said districts for the retirement of said indebted nesses, and to issue executions for enforcement thereof as provided in paragraph 5.

7. No taxes shall be levied by said Authority for any purpose against property occupied by the owner as a residence or property used exclusively for church purposes.

8. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives."

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 pro vide for the establishment of a Central Albany
NO ( ) Development Authority to provide for the powers, duties, and responsibilities of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.
On the adoption of the substitute, the ayes were 45, nays 0, and the substi tute was adopted.

FRIDAY, FEBRUARY 20, 1970

1591

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Patton 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 55, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.
HR 825. By Messrs. Wilson, McDaniell, Kreeger and Atherton of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Marietta Development Authority; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE SENATE,

Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is amended by adding at the end thereof the following:

"The General Assembly shall be authorized to create in and for the City of Marietta, the Downtown Marietta Development Authority for the purpose of the redevelopment of the downtown Marietta area. Said Authority shall have the power to employ en gineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Mari etta for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of Marietta, and to levy and collect taxes within said districts based on values fixed by the Tax Digest of the City of Marietta, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtednesses. No taxes shall be levied by said Authority for any purpose against owner occu pied property used exclusively for residential purposes or property used for school or church purposes. The authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives.

The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Marietta which shall be subject to the provisions of amend ment."

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 provide for the establishment of a Downtown Marietta De-
NO ( ) velopment Authority and to provide for the powers, duties, and responsibilities of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said para graph of the Constitution, it shall become a part of the Constitution of this State.

The Committee on County and Urban Affairs offered the following amendment:

FRIDAY, FEBRUARY 20, 1970

1593

Amend Section 1 of HR 825 by inserting between the word "values" and the word "fixed" on line twenty-four the following:

"of real property"

On the adoption of the amendment, the ayes were 45, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Patton 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 55, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

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JOURNAL OF THE SENATE,

HR 853. By Mr. Anderson of the 49th:

A RESOLUTION

Proposing an amendment to the Constitution, so as to create the Cochran-Bleckley School System by merging the independent school system of the City of Cochran and the county school system of Bleckley County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"Effective at the time and in the manner provided hereinafter, there is hereby created the Cochran-Bleckley School system of merging the independent school system of the City of Cochran and the county school system of Bleckley County.
"There is hereby created the board of education of CochranBleckley School System. Said board shall be composed of five (5) members as follows: two (2) members shall be residents of the City of Cochran; two (2) members shall be residents of the county outside the corporate limits of the City of Cochran; and one mem ber shall be from the County at Large. All members shall be elected by the voters of the entire county.
"The terms, compensation, manner of election, time of election, powers, duties, authority, and all other matters relative to said board shall be provided by law. The independent school system of the City of Cochran and the board of education thereof, and the county school system of Bleckley County and the board of educa tion thereof, shall continue to exist until July 1, 1971, on which date the Cochran-Bleckley School System and the board of education thereof shall come into existence.
"The board shall elect the school superintendent of the CochranBleckley School System. The school superintendent of the inde pendent school system of the City of Cochran and the county school superintendent of the county school system of Bleckley County shall continue to serve as such and such officers shall continue to exist until July 1, 1971, upon which date the office of school superin tendent of the Cochran-Bleckley School System shall come into existence. The duly elected county school superintendent of Bleck ley County shall continue to serve as the superintendent of the Cochran-Bleckley School System until July 1, 1972, after which time the board shall elect the school superintendent.

"The governing authority of Bleckley County is hereby au thorized to levy a tax for the support and maintenance of educa tion of not more than 20 mills, but the provisions for removing or

FRIDAY, FEBRUARY 20, 1970

1595

increasing such limitation shall be the same as provided in Article VIII, Section XII, Paragraph I of the Constitution, as amended. The governing authority shall levy the amount designated by the board of education.

"The General Assembly shall provide by local law for all mat ters relative to the Cochran-Bleckley School System, the board of education thereof, and the superintendent thereof. The General As sembly may provide in such local law that such provisions of general law as deemed advisable, relative to county boards of edu cation, county school superintendents and county school systems, shall be applicable to the system, board and superintendent created herein. On the date provided for herein for the new system to come into existence, all property and facilities and all assets, debts and obligations of the two systems so merged shall become the property, facilities, assets, debts and obligations of the CochranBleckley School System. Even though the merged system and the board and superintendent thereof shall not replace the present systems, boards and superintendents until July 1, 1971, the Gen eral Assembly is hereby authorized to provide for such matters as shall be necessary prior to that date, such as election of members, election by the board of superintendent and other necessary or re lated matters. The General Assembly is hereby authorized to amend any local law enacted pursuant to this amendment."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the Cochran-Bleckley School System by merging the
NO ( ) independent school system of the City of Cochran and the county school system of Bleckley County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the adoption of the 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 McGill Miller Noble Patton 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 55, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 851. By Mr. Knowles of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites lo cated within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites and to fur ther authorize the General Assembly to provide by law that the Board of Commissioners of Henry County may levy and collect a tax on mobile

FRIDAY, FEBRUARY 20, 1970

1597

homes located within said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:

"Any other provisions of this Constitution to the contrary withstanding, the General Assembly is hereby authorized to provide by law that the Board of Commissioners of Henry County may levy and collect a tax, subject to the exemptions and graduations as may be provided by such law, on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of two percent of the total amount annually collected as rent for such units and sites. The General Assembly is further authorized to provide by law that the Board of Commissioners of Henry County may levy and collect an annual ad valorem tax on mobile homes located within Henry County. Such annual ad valorem tax shall be due and payable at the same time as real estate ad valorem taxes are due and payable and shall be in addition to any other personal tax which may apply to any mobile home located in said county. The Board of Commissioners of Henry County shall be responsible for collecting such annual ad valorem taxes on mobile homes lo cated within Henry County at the following rates:
Up to 35 feet in length........_..._._...____.___________.$ 50.00
Between 35 and 40 feet in length_.._..._._.____.._...$ 75.00
Between 40 and 45 feet in length..._____....._._........_..$100.00
Over 45 feet in length__..____.___.._.___.......$125.00."
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 authorize the General Assembly to provide by law that Henry
NO ( ) County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites and to further authorize the General Assembly to provide by law that the Board of Commissioners of Henry County may levy and collect an annual ad valorem tax on mobile homes located within Henry County?"

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JOURNAL OF THE SENATE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The Committee on County and Urban Affairs offered the following substitute:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites located within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following paragraph:
"Any other provisions of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to pro vide by law that the Board of Commissioners of Henry County may levy and collect a tax, subject to the exemptions and gradua tions as may be provided by such law, on mobile home rental units and mobile home rental sites located within said county not to ex ceed a rate of two per cent of the total amount annually collected as rent for such units and sites."
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 au thorize the General Assembly to provide by law that
NO ( ) Henry County may levy and collect a tax on mobile home rental units and mobile home rental sites lo cated within said county not to exceed a rate of two per cent of the total amount annually collected as rent for such units and sites?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

FRIDAY, FEBRUARY 20, 1970

1599

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.

On the adoption of the substitute, the ayes were 45, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Patton 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 55, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

1600

JOURNAL OF THE SENATE,

HR 814. By Mr. Barber of the 15th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire pro tection purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section IV, Paragraph III of the Constitu tion is hereby amended by adding a new paragraph at the end thereof to read as follows:

"There is hereby created the West Jackson fire district which shall encompass an area composed of all that territory within a five-mile radius in all directions from the front entrance of the presently existing Jackson County High School building. Such fire district shall be administered by a board to be composed of the Mayor of the municipality of Braselton, the Mayor of the munici pality of Hoschton, three councilmen of each of the aforesaid munipalities to be designated by the Mayor of each municipality and two members who live in the unincorporated area of said fire dis trict to be designated by the governing authority of Jackson County. Said fire district is created for the purpose of affording fire pro tection in the territory comprising said district and the board is hereby authorized to take whatever action it deems necessary to provide such protection. The governing authority of Jackson Coun ty is hereby authorized to levy a tax not to exceed five (5) mills on the taxable property in said territory, and said governing au thority is hereby authorized to levy and collect said taxes in both the incorporated and unincorporated areas in said territory. The proceeds of such tax shall be turned over to the board to be used for the purposes provided for herein."

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 create the West Jackson fire district which will serve the munici palities of Braselton and Hoschton and the Districts
NO ( ) of Porters, Hoschton and Randolph, and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire protection purposes?"

FRIDAY, FEBRUARY 20, 1970

1601

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 County and Urban Affairs offered the following sub stitute :
A RESOLUTION
Proposing an amendment to the Constitution so as to create the West Jackson fire district and to authorize the levying of a tax on the taxable property in the territory comprising said district for fire pro tection purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph III of the Constitu tion is hereby amended by adding a new paragraph at the end thereof to read as follows:
"There is hereby created the West Jackson fire district which shall encompass an area composed of all that territory within a five-mile radius in all directions from the front entrance of the presently existing Jackson County High School building. Such fire district shall be administered by a board to be composed of the Mayor of the municipality of Braselton, the Mayor of the munici pality of Hoschton, three citizens of each of the aforesaid munici palities to be designated by the Mayor of each municipality and two members who live in the unincorporated area of said fire dis trict to be designated by the governing authority of Jackson County. Said fire district is created for the purpose of affording fire pro^ tection in the territory comprising said district and the board is hereby authorized to take whatever action it deems necessary to provide such protection. The governing authority of Jackson Coun ty shall levy a tax of not less than one nor more than five mills, as recommended to the governing authority by the Board, on the taxable property in said territory. The governing authority shall levy and collect said taxes in both the incorporated and unin corporated areas in said territory. The tax commissioner of Jack son County shall retain from the funds received from such tax levy the amounts necessary to defray the administrative costs and expenses for the assessment and levy, and it shall be based on the same percentage as paid by the State for the collection of the State ad valorem taxes. That amount shall be remitted by the tax com missioner to the public treasury of Jackson County. All other

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JOURNAL OF THE SENATE,

funds received from such tax levy shall be turned over to the Board to be used for the purposes provided for herein."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Sec tion I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the West Jackson fire district which will serve the municipalities of Braselton and Hoschton and
NO ( ) the Districts of Porters, Hoschton and Randolph, and to authorize the levying of a tax on the tax able property in the territory comprising said dis trict for fire protection purposes?"

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 Para graph of the Constitution, it shall become a part of the Constitu tion of this State.

On the adoption of the substitute, the ayes were 45, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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

FRIDAY, FEBRUARY 20, 1970

1603

Miller Noble Fatten 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 55, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1318. By Mr. Atherton of the 117th:
A bill to authorize certain counties and municipalities to levy and im pose certain excise taxes; and for other purposes.

Senator Reynolds of the 48th moved that HB 1318 be indefinitely post poned.

Senator Searcey of the 2nd moved the previous question.

Senator Reynolds of the 48th moved that HB 1318 be tabled.

The President stated that the motion to table takes precedence over the two previous motions.
On the motion to table, Senator Riley of the 1st called for the ayes and nays, and the call was sustained.
The roll was called, and the vote was as follows:

1604

JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Brown of 47th Carter Coggin Cox Dean

Doss Eldridge Pincher of 51st
Fincher of 54th Hill Hudgins Jackson Kennedy Kidd

London McGill Noble
Pennington Reynolds Scott Spinks Young Zipperer

Those voting in the negative were Senators:

Bateman Broun of 46th Chapman Garrard Gillis Hardy Hensley Holley Holloway Johnson

Miller Padgett Patton Plunkett Reeder Riley Rowan Searcey Smalley Smith of 18th

Smith of 34th Starr Stephens Trippe Tysinger Vann Walling Ward Webb

The roll call was verified.

On the motion to table, the ayes were 27, nays 29, and the motion was lost.

The President stated that the motion for the previous question now takes precedence over the motion to indefinitely postpone.

The Committee on Banking and Finance offered the following substitute:
A BILL
To be entitled an Act to authorize certain counties and municipali ties to levy and impose certain excise taxes, to provide the procedures connected therewith; to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act"; approved February 20, 1951 (Ga. Laws 1951, p. 360), so as to delete therefrom certain of the provisions against cer tain political subdivisions levying certain taxes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, FEBRUARY 20, 1970

1605

Section 1. Each county and municipality in this State shall be au thorized to impose, levy and collect an excise tax, not to exceed 2%, 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 place in which rooms, lodgings or accommodations are regularly furnished for a consideration. No such tax shall be levied upon the sale or charges for any rooms, lodgings or accommodations supplied for a period of 90 continuous days or more.

Section 2. Each county and municipality in this State shall be au thorized to impose, levy and collect an excise tax, not to exceed 5%, upon the sale of tickets, fees or charges made for admission 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. Such tax may also apply to any voluntary contribution made to any such place and to any fee charged for the admission into
any like place.

Section 3. Each county and municipality in which the sale of dis tilled spirits or alcoholic beverages for beverage purposes by the drink is permitted shall be authorized to impose, levy and collect an excise tax, not to exceed 5%, upon the sale of such beverages.

Section 4. The rate of taxation, manner of its imposition, payment, collection and all other procedures related thereto shall be provided for by each county and municipality electing to exercise powers herein conferred.

Section 5. The "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by striking from Section 25 the following:

", or tax on amusement admission or services included in this Act", so that when so amended, Section 25 shall read as follows:

"Section 25. No county, municipality, school district, or po litical subdivision of the State, shall impose, levy, or collect a gross receipts, sale or use tax; provided, however, that the provisions of this section shall not be construed to apply to a fixed license, occu pational or franchise tax based on gross receipts or on a gross re ceipts basis and provided further that no county or municipality shall be prohibited from levying or collecting an excise tax on malt beverages and/or wine."

Section 6. Any tax imposed by a county under this Act shall not be applicable in the limits of any municipality within the county.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Section 8. This Act shall become effective when signed by the Governor.

1606

JOURNAL OP THE SENATE,

Senator Smalley of the 28th offered the following amendment to the Com mittee substitute:

Amend by striking "/or" from line 23 of quoted Section 25 of Section 5.

On the adoption of the amendment, the ayes were 49, nays 0, and the amendment to the Committee substitute was adopted.

Senator Rowan of the 8th offered the following amendment to the Com mittee substitute:
Amend by striking Sections 1, 2, 3, 4, 5, and 6 in their entirety and inserting in lieu thereof the following:
"Section 1. Each county and each municipality in this State shall be authorized to impose, levy and collect any tax not specifi cally prohibited by the General Assembly."

On the adoption of the amendment to the Committee substitute, 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:

Andrews Bateman
Broun of 46th Coggin Eldridge Garrard Hardy Holloway

Johnson London
Miller Patton Plunkett Riley Rowan Searcey

Smith of 18th Smith of 34th
Stephens Walling Ward Webb Young

Those voting in the negative were Senators:

Abney
Adams of 5th Adams of 26th Brown of 47th Carter Chapman Cox Dean Doss

Fincher of 54th
Gillis Hensley Hill Holley Hudgins Jackson Kennedy Kidd

McGill
Noble Padgett Pennington Reeder Reynolds Scott Smalley Spinks

Starr Trippe

FRIDAY, FEBRUARY 20, 1970

1607

Tysinger Vann

Zipperer

The roll call was verified.

On the adoption of the amendment the ayes were 23, nays 32, and the amend ment to the Committee substitute was lost.

Senator Starr of the 44th offered the following amendment to the Committee substitute:
Amend by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows:
"Section 8. This Act shall become effective January 1, 1971."

On the adoption of the amendment, the ayes were 32, nays 12, and the amend ment to the Committee substitute was adopted.

Senator Cox of the 21st offered the following amendment to the Committee substitute:
Amend by omitting Section two in its entirety.

On the adoption of the amendment, the ayes were 28, nays 16, and the amend ment to the Committee substitute was adopted.

On the adoption of the Committee substitute, the ayes were 36, nays 3, and the Committee substitute was adopted as amended.

Senators Kidd of the 25th and Patton of the 40th offered the following substi tute to the Committee substitute:
A BILL
To be entitled an Act to authorize certain counties and municipali ties to levy and impose certain excise taxes; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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JOURNAL OF THE SENATE,

Section 1. Each county and municipality in which the sale of dis tilled spirits or alcoholic beverages for beverage purposes by the drink is permitted shall be authorized to impose, levy and collect an excise tax of ten percent (10%) per drink upon the sale of such beverages.

Section 2. The rate of taxation, manner of its imposition, payment, collection and all other procedures related thereto shall be provided for by each county and municipality electing to exercise powers herein conferred.

Section 3. Any tax imposed by a county under this Act shall be applicable in the limits of any municipality which imposes such a tax.

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 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:

Abney Adams of 5th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin
Cox Pincher of 54th Garrard Gillis Hardy Hensley Hill

Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill
Miller Noble Padgett Patton Reynolds Riley Rowan

Scott Searcey Smith of 34 Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

Those voting in the negative were Senators:

Adams of 26th Dean
Doss

Eldridge Pennington Plunkett

Reeder Smalley Smith of 18th

FRIDAY, FEBRUARY 20, 1970

1609

The roll call was verified.

On the adoption of the substitute, the ayes were 46, nays 9, and the substitute to the Committee substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute.

On the passage of the bill, the ayes were 40, nays 4.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th and others:
A bill to amend Code Section 93-206 and Code Section 93-208, pertain ing to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.
The Senate Committee on Economy, Reorganization and Efficiency in Gov ernment offered the following substitute:
A BILL
To be entitled an Act to provide for additional compensation for certain designated State officials; to provide the procedure therefor; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. In addition to any other compensation and any allow ances which they are now being paid, the Secretary of State, the State Treasurer, the Comptroller General, the Commissioner of Agriculture, the State School Superintendent, each member of the Public Service Commission, the Director of the State Highway Department, the State Revenue Commissioner, the Director of Public Safety, the Superin tendent of Banks, the Director of the Game and Fish Commission, the Director of the Forestry Commission, the Director of the Department

1610

JOURNAL OF THE SENATE,

of Corrections, Speaker of the House of Representatives, Secretary of the Senate and Clerk of the House of Representatives shall receive the amount of $800.00 per annum for each four years of State service with a branch or department of State government financed by appropria tions payable through the State Treasury, figured at the beginning of each such period of service, up to a maximum of 20 years service. Such amounts shall be paid in the same manner and from the same funds as the other compensation of such officials is paid.

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 29, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1141. By Messrs. Carnes of the 104th, Adams of the 100th, Busbee of the 61st, Williams of the llth and Rainey of the 47th: A bill to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund"; employees to become members of said fund for the purpose of receiving pension benefits only; and for other purposes.
The Committee on Retirement offered the following amendment:
Amend HB 1141 by striking from Section 7 of Section 1, lines 25 and 27, the number fifty-eight (58) and inserting in lieu thereof the number sixty (60).
Said section is further amended by striking from page two, line 4, the word "person" the second time it appears, and inserting the word "pension" in lieu thereof, so that when amended said sentence shall read:
"Provided further that no person shall be eligible for a pension hereunder if retired from any fire department prior to the approval of this Act."

FRIDAY, FEBRUARY 20, 1970

1611

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

The report of 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 resolution, favorably reported by the committee, was put upon its passage:

SR 334. By Senator Holloway of the 12th:
A resolution to amend Senate Resolution 3 pertaining to the personnel and committees of the Senate; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 33, 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 544. By Senator Rowan of the 8th:
A bill to provide for an assistant court reporter in certain judicial cir cuits of the State; and for other purposes.

The House substitute was as follows:

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JOURNAL OF THE SENATE,

A BILL

To be entitled an Act to allow an assistant court reporter in Alapaha Judicial Circuit; to provide that the counties comprising said circuit shall compensate the assistant court reporter; to provide that the assistant court reporter shall receive the contingent expense and travel allowance if the official court reporter does not receive such contingent expense and travel allowance; 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. Where the board of commissioners or other governing authorities of the counties comprising the Alapaha Judicial Circuit have approved the same, there shall be an assistant court reporter for that circuit. The senior judge of the Alapaha Judicial Circuit shall appoint said assistant court reporter in the same manner as he ap points the official court reporter. The board of commissioners or other governing authorities of the counties comprising the Alapaha Judicial Circuit shall set the salary and expenses which such assistant court re porters shall receive. Said sums shall be considered as an expense of the operation of the superior courts in the Alapaha Judicial Circuit. In the event the official court reporter does not receive the contingent expense and travel allowance authorized under Georgia Annotated Code Section 24-3107, as amended, the assistant court reporter shall be en titled to and shall receive such contingent expense and travel allowance.

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 Rowan of the 8th moved that the Senate agree to the House substi tute to SB 544.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the House substitute to SB 544 was agreed to.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1342. By Messrs. Hargrett of the 58th, Scarlett of the 67th, Douglas of the 42nd and others:
A bill to create the Georgia Commission for the Development of the Altamaha River Basin; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1613

The Senate Committee on Agriculture & Natural Resources offered the following substitute:

A BILL

To be entitled an Act to create the Altamaha River Basin Com mission; to provide a short title; to provide for the membership of said Commission; to provide for the election of officers of said Commission; to provide for travel and maintenance expenses for the members of said Commission; to provide the purposes for the creation of said Com mission; to provide for the powers of said Commission; to provide for an executive committee; to provide for an executive director and other employees of said Commission and for their compensation; to provide that said Commission may promulgate a merit system of employment for its employees and that said employees shall be eligible for member ship in the Employees' Retirement System; to provide that said Com mission shall perform certain duties; to provide that said Commission shall be a budget unit of the executive branch of government; to provide for all procedures, requirements and other matters in connection with 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. This Act shall be known and may be cited as the Act creating the Altamaha River Basin Commission.

Section 2. (a) There is hereby created within the executive branch of the State government, the Altamaha River Basin Commission which shall be a State agency and a budget unit of the executive branch of the State government.

(b) Said Commission shall be composed of sixty-nine (69) members to be appointed as herein provided. The Governor shall appoint twentythree (23) members to said Commission for initial terms of four years and until their successors are appointed and qualified. The first mem bers appointed by the Governor shall take office on the first day of April, 1970, for terms of four years and until their successors are ap pointed and qualified. Successors to the first members appointed by the Governor shall likewise be appointed for terms of four years and until their successors are appointed and qualified. Members appointed by the Governor shall be residents of the certain counties bordering the Altama ha River as hereinafter set forth, and shall be eligible for reappointment by the Governor. The remaining forty-six (46) members shall be appointed by the governing authorities of certain counties bordering the Altamaha River as follows: The governing authority of each of the following counties shall appoint one member to said Commission, to wit: Appling, Baldwin, Barrow, Ben Hill, Bibb, Bleckley, Butts, Clarke, Coffee, DeKalb, Dodge, Fulton, Glynn, Greene, Gwinnett, Hall, Han cock, Henry, Houston, Jackson, Jasper, Jeff Davis, Johnson, Jones, Laurens, Long, Mclntosh, Monroe, Montgomery, Morgan, Newton, Oconee, Pulaski, Putnam, Rockdale, Tattnall, Telfair, Toombs, Treutlen, Twiggs, Walton, Washington, Wayne, Wheeler, Wilcox and Wilkinson.

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JOURNAL OF THE SENATE,

The members appointed by the governing authorities of said counties shall be appointed for initial terms of four years and until their suc cessors are appointed and qualified. The first members appointed by said governing authorities shall take office on April 1, 1970 for a term of four years and until their successors are appointed and qualified. Successors to the first members shall likewise be appointed for terms of four years and until their successors are appointed and qualified. The members appointed by said county governing authorities shall be resi dents of the county from which they are appointed, and said members shall be eligible for reappointment by the county governing authorities or shall be eligible for reappointment by the Governor.

(c) In the event a vacancy occurs in the membership of said Com mission, the authority originally appointing the position made vacant shall promptly fill the same for the unexpired term. Thirty-five (35) members shall constitute a quorum for the transaction of business ex cept as hereinafter provided.

(d) The Governor shall call the first meeting of the Commission
after all members have been appointed, and at the time of calling such meeting he shall appoint a temporary chairman from the membership of said Commission to preside at said meeting until a permanent chair man is elected. The first order of business of said meeting shall be the election of a permanent chairman from the membership of said Com mission who shall be elected by a majority vote of all members of said Commission. After electing a permanent chairman, said Commission may elect such other officers as it shall deem necessary, and a majority of the quorum shall be sufficient to elect all officers. The terms of office of the chairman and other officers shall be for one year.

(e) The officers and members of the Commission shall serve with out compensation, except as hereinafter provided.

Section 3. Said Commission is created for the purpose of en couraging and promoting the expansion and development of the full economic, industrial and recreational potential of the Altamaha River Basin, its tributaries and their basins. By way of illustration and not of limitation, said Commission shall encourage and promote the de velopment of navigation to Atlanta, trade and other commercial fa cilities, flood control, water supply, pollution abatement, hydroelectric power generation, recreation, protection and propagation of fish and wildlife, and the proper flow of dam controlled water discharges.

Section 4. In carrying out the purposes for which it was created, said Commission shall have the following powers:
(a) To make rules and regulations for the proper administration of its powers and duties.
(b) To administer all funds available to the Commission.
(c) To accept or decline any grant of funds made by the United States or any agency thereof for the purpose of carrying out any of its functions.

FRIDAY, FEBRUARY 20, 1970

1615

(d) To accept or decline gifts, bequests, devices and endowments to be used in carrying out the purposes of this Act.

(e) To create such advisory committees to said Commission as in the opinion of the Commission may be deemed necessary.

(f) To act either independently or jointly with any State de partment, commission, board, or institution in order to carry out its powers and duties.

(g) To request from the various State departments and other agencies and authorities of the State and its political subdivisions and their agencies and authorities such available information as it may re quire in its work, and all such agencies and authorities shall where prac tical within a reasonable time furnish such requested available informa tion to the Commission.

(h) To make such recommendations and reports to the Governor and to the General Assembly of Georgia as it deems necessary or ad visable, in addition to the annual report required as hereinafter pro vided.

(i) To employ and fix the compensation not to exceed $12,000.00 annually of a full time executive director who shall be technically qualified for the duties of said position, and upon the recommendation of said executive director, to employ and fix the compensation of such other qualified personnel as may be needed to effectively carry out the provisions of this Act. The executive director may act as secretary to the Commission.

(j) To contract with political subdivisions of the State of Geor gia and with private persons and corporations.

(k) To do all other things necessary and proper to exercise its powers and perform its duties to effectuate the purposes of this Act.

(1) To create an executive committee made up of the officers of the Commission. Said executive committee shall have such authority as may be delegated to it by the Commission.

Section 5. Said Commission is hereby authorized to promulgate a merit system of employment under which the employees of said Com mission shall be selected on the basis of merit. All employees of the Commission are hereby authorized to be members of the Employees Re tirement System of Georgia, established by an Act approved February 3, 1949 (Ga. Laws 1949, p. 138), as the same is now or may hereafter be amended. All rights, credits and funds in such Retirement System which are possessed by any person at the time of his employment with the Commission are hereby continued and preserved, it being the in tention of the General Assembly that such person shall not lose any rights, credits or funds to which he may be entitled prior to being em ployed by the Commission.

1616

JOURNAL OP THE SENATE,

Section 6. The Commission shall have the following duties:

(a) To formulate in cooperation with other State agencies, agencies of the United States government, interested organizations and citizens of the State of Georgia, a comprehensive program and plan for the development of the Altamaha River Basin.

(b) To submit an annual report of its activities and recommenda tions to the Governor and General Assembly of Georgia.

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.

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 33, 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 disagreed to the Senate amendment to the following bill of the House, to-wit:

HB 1141. By Messrs. Carnes of the 104th, Adams of the 100th and others:
A bill to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to become members of said fund for the purpose of receiving pension benefits only; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1617

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 318. By Senator Smalley of the 28th:
A bill to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limitations for such invest ments; to establish the standards for fiduciary investment companies to qualify them for such investments; to define the powers of the Superintendent of Banks under this Act; and for other purposes.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 1670. By Mr. Rainey of the 47th:
A bill to regulate the taking and possessing of salt water crawfish; and for other purposes.

The report 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 1061. By Mr. Harris of the 77th:
A bill to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, as to include provisions relative to delinquent payments; and for other purposes.

The report 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 1182. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the Peace Officers' Annuity and Bene fit Fund, so as to redefine the term "peace officer"; and for other purposes.

1618

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1460. By Mr. Lambert of the 25th:
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 provide that such levy shall not be assessed upon or collected from any practitioner who is employed by 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 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1663. By Mr. Lane of the 101st:
A bill to amend an Act providing certain requirements in connection with blasting or excavating in the vicinity of underground gas pipes and other facilities, so as to provide certain additional definitions; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1325. By Messrs. Chandler of the 34th and Murphy of the 19th:
A bill to amend the State Properties Control Code, so as to create a new section of the State Properties Control Code which said new section

FRIDAY, FEBRUARY 20, 1970

1619

shall be designated, entitled and known as Section 91-104A.-1 "Addi tional Discretionary Powers of the State Properties Control Commis sion"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolution of the House, favorably reported by the committee, and having been read the third time on February 19 and postponed, was put upon its passage:

HR 707. By Messrs. Pinkston of the 81st, Levitas and Harris of the 77th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by one or more owners, heirs or cestui que uses who reside on such property; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the followingparagraph :
"The exemptions granted to the homestead within this Para graph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence. In such in stances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemp tions granted by this Paragraph in the manner herein provided."

1620

JOURNAL OF THE SENATE,

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 provide that the exemptions granted to the homestead shall
NO ( ) extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions are claimed by one or more owners, heirs or bene ficiaries who reside on such property?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State.

The 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 McGill Miller Noble Patton
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

FRIDAY, FEBRUARY 20, 1970

1621

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.

The following resolution of the Senate, favorably reported by the committee, was put upon its passage:
SR 323. By Senator Bateman of the 27th: A resolution relative to the inauguration of a capital improvement program for the replacement of obsolete school facilities; 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.

The following bills of the Senate were taken up for the purpose of con sidering House amendments thereto:

SB 451. By Senator Eldridge of the 7th:
A bill to amend Code Section 109A-9-307, as amended, so as to provide that a tobacco warehouse commission merchant, who, without actual knowledge, shall sell goods for another for a fee or commission, shall not be liable to the holder of a security interest created by the seller of the goods; and for other purposes.

The House amendment was as follows:
Amend by striking from line 6 of page 1 the words "tobacco ware house".
By deleting from line 7 of page 1 the word "goods" and substituting in lieu thereof "any agricultural products".
By striking from line 9 of page 1 the words "the goods" and substituting in lieu thereof "such products".

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JOURNAL OF THE SENATE,

By deleting from line 22 of page 1 the word "tobacco".

By striking from line 23 of page 1 the word "goods" and substitut ing in lieu thereof "any agricultural products".

By striking from line 26 of page 1 the words "the goods" and substituting in lieu thereof "such products".

Senator Eldridge of the 7th moved that the Senate agree to the House amendment to SB 451.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendment to SB 451 was agreed to.

SB 470. By Senator Holley of the 22nd:
A bill to amend Code Title 22, relating to corporations, as amended, so as to amend Part I thereof by deleting the requirement that a cor poration shall accompany a notice from the State Revenue Commis sioner that the corporation has met the requirements concerning reports and taxes; and for other purposes.

The House amendment was as follows:
Amend by renumbering Section 7 as Section 8 and inserting a new Section 7 to read as follows:
Section 7. Said Code Title is further amended by striking Section 22-1305 in its entirety and inserting in lieu thereof a new Section 221305, to read as follows:
"22-1305. Filing of Statement of Intent to Dissolve. The state ment of intent to dissolve, whether by written consent of all share holders or by act of the corporation, shall be delivered to the Secre tary of State for filing as provided in Section 22-105. A copy of said statement shall be filed with the State Revenue Commissioner."
By adding on page 6 a new section to be known as Section 7A and to read as follows:
"Section 7A. This Act shall become effective April 1, 1970."

Senator Holley of the 22nd moved that the Senate agree to the House amendment to SB 470.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the House amendment to SB 470 was agreed to.

FRIDAY, FEBRUARY 20, 1970

1623

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 389. By Senator Coggin of the 35th:
A bill to create the Georgia Professional Corporation Act; to define terms; to authorize certain persons licensed to practice a profession as a professional corporation; to provide for the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to create the Georgia Professional Corpora tion Act; to define certain terms; to authorize certain persons licensed to practice a profession to practice such profession as a professional corporation; to provide the circumstances under which a professional corporation may practice a profession; to provide who may own stock in such corporation; to provide for the disposition of the stock of a deceased or retired stockholder; to provide for the procedures connected with all of the foregoing; 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 "Georgia Professional Corporation Act".
Section 2. Definitions.--As used in this Act, unless the context otherwise requires, the definitions contained in the "Georgia Business Corporation Code" apply, and:
(a) "Profession" means the profession of certified public ac countancy, architecture, chiropractic, dentistry, professional en gineering, land surveying, law, applied psychology, medicine and surgery, optometry, osteopathy, podiatry, or veterinary medicine.
(b) "Professional corporation" means a corporation organized under the Georgia Business Corporation Code which has elected to become subject to this Act.
(c) "Licensed" includes registered, certified, admitted to prac tice or otherwise legally authorized under the laws of this state by the appropriate Regulating Board.
(d) "Regulating Board" means any board, commission, court or governmental authority which, under the laws of this State, is charged with the licensing, registration, certification, admission to

1624

JOURNAL OF THE SENATE,

practice or other legal authorization of the practitioners of any profession.

Section 3. Election and application.--A person or a group of per sons licensed to practice a profession in this state may elect to prac tice as a professional corporation by complying with the provisions of this Act, irrespective of any law now prohibiting the practice of the profession by a corporation. The Articles of Incorporation of a pro fessional corporation shall be filed, and the professional corporation shall be organized, under the Georgia Business Corporation Code, in cluding the payment of the prescribed fees and costs. The Articles shall state that the purpose of the corporation is to practice the profession named in the Articles and that the corporation elects to be governed by the provisions of this Act. Any corporation organized under the general corporation laws of this state or any professional association organized under Chapter 84-43, Ga. Code Ann., may elect to be governed by the provisions of this Act by amending its Articles of Association so as to make such election and so as to comply with the other requirements of this Act and with the laws applicable to corporations generally in this state which are not inconsistent with the express provisions of this Act. A professional corporation, and the shareholders of the corporation in their capacity as shareholders, shall enjoy the rights, privileges and immunities and shall be subject to the obligations and liabilities of other corporations organized for profit under the Georgia Business Corpora tion Code and those of the shareholders of such corporations except as changed, restricted, or enlarged by the provisions of this Act. Profes sional associations organized under Chapter 84-43, Ga. Code Ann., are expressly authorized to continue to perform professional services pur suant to the provisions of Chapter 84-43, Ga. Code Ann., without electing to comply with the provisions of this Act.

Section 4. Professional services.--
(a) A professional corporation may practice only one profes sion, but for the purpose of this Act, the practice of architecture, professional engineering and land surveying shall be considered the practice of only one profession to the extent that existing laws per mit overlapping practices by members of those specific professions, not inconsistent with the ethics of the professions involved.

(b) A professional corporation shall engage in the practice of a profession only through its officers, employees and agents who are duly licensed or otherwise legally authorized to practice the profession in this state. This restriction shall not, however, pre vent the corporation from employing unlicensed persons in ca pacities in which they are not rendering professional services to the public in the course of their employment.

(c) At least one member of the board of directors and the president of a professional corporation shall be licensed to practice the profession for which the corporation is organized. If the gov erning board of a professional corporation includes persons not so licensed, the corporation shall, by creation of a standing com mittee of the board or otherwise, vest the responsibility for de-

FRIDAY, FEBRUARY 20, 1970

1625

cisions relating wholly to professional considerations in persons who are so licensed.

Section 5. Stock.--

(a) Shares in a professional corporation may only be issued to, held by, or transferred to a person who is licensed to practice the profession for which the corporation is organized and who, unless disabled, is actively engaged in such practice, except as otherwise permitted under this Section 5. Each stock certificate shall be ap propriately endorsed disclosing this restriction and stating that shares standing in the name of a disqualified or retired person, or in the name of the personal representative of a deceased person, ex cept during the holding period provided in this section, are void.

(b) Shares in a professional corporation shall be voted by the holder of record or by another shareholder in the same corporation in accordance with a proxy or an agreement providing for the voting of the shares.
(c) Shares in a professional corporation held by a deceased or retired shareholder shall, within six months after the date of death or retirement of such shareholder, be either redeemed or cancelled by the corporation or transferred to a person or persons authorized to hold the shares. The shares held by a shareholder who becomes legally disqualified from practicing the profession for which the corporation is organized shall be so redeemed, cancelled or trans ferred within ninety days after the disqualification becomes final. In the absence of an article or bylaw provision or an agreement providing for the redemption or transfer of such shares, or if the shares are not redeemed or transferred pursuant to such a pro vision or agreement within the required period of time, the corpora tion is authorized to and shall cancel the shares on its books at the termination of the required period. If valuation and payment terms are not fixed under such an existing provision or agreement and are not agreed upon either prior to or at any time after the termina tion of the required period, the fair value of the redeemed or can celled shares shall be determined and paid in the same manner as if the personal representative of the deceased shareholder, or the retired or disqualified shareholder, were a shareholder entitled to valuation and payment for his shares under Section 22-1202 (g), Ga. Code Ann. after failure to agree on valuation under Section 221202 (d), Ga. Code Ann. The personal representative of the de ceased shareholder, or the retired or disqualified shareholder, shall not be authorized at any time to participate in or vote on any mat ter concerning the rendering of professional services by the corpora tion. Upon the actual transfer or redemption or the termination of the required holding period, whichever first occurs, the personal representative of the deceased shareholder, or the retired or dis qualified shareholder, shall cease to be a holder of record for all purposes and shall deliver the share certificates to the purchaser or to the corporation with any required endorsement.
(d) If a professional corporation at any time ceases to have a shareholder licensed or otherwise authorized to practice, and

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JOURNAL OF THE SENATE,

actually practicing, the profession for which the corporation is organized, or if a professional corporation does not redeem, cancel or transfer the shares of a disqualified, retired or deceased person in accordance with this Section 5, the corporation shall cease to be a professional corporation and shall operate as a corporation for profit organized under the Georgia Business Corporation Code of this state for the sole purpose of liquidation. The corporation may at any time after it ceases to be a professional corporation change its purpose hy amending its Articles.

Section 6. Name.--The name of a professional corporation shall satisfy the requirements of Section 22-301, Ga. Code Ann., provided, how ever, that, in lieu of the use of a word or abbreviation as required by subsection (a) (1) of such section, the word "associated", the phrase "professional association", or the phrase "professional corporation" or an abbreviation of any of them may be used. Professional associations established pursuant to Chapter 84-43, Ga. Code Ann. shall have 120 days from the effective date of this Act to secure a name certificate from the Secretary of State to protect the existing name of such pro fessional association in accordance with Section 22-302, Ga. Code Ann. before such name shall be available to any other person or group of persons electing to practice as a professional corporation under Section 3 of this Act.

Section 7. Professional and legal relationship.--Nothing contained in this Act shall limit the authority and duty of any Regulating Board to regulate the several professions including the right to establish and enforce standards of practice, and nothing contained in this Act shall change the law or existing standards applicable to the relationship be tween the person furnishing a professional service and the person re ceiving such service including, but not by way of limitation, the rules of privileged communication and the contract, tort and other legal lia bilities and professional relationships between such persons.

Section 8. Should any provisions of this Act be held illegal or un constitutional, the same shall not vitiate the remaining provisions of this Act, but all such provisions not held illegal or unconstitutional shall remain in full force and effect.

Section 9. All laws and parts of laws in conflict with this Act are hereby repealed.

Section 10. The provisions of this Act shall become effective im mediately upon its approval by the Governor, or its otherwise becoming law.

Senator Coggin of the 35th moved that the Senate agree to the House substi tute to SB 389.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House substitute to SB 389 was agreed to.

FRIDAY, FEBRUARY 20, 1970

1627

The following bills and resolution of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 1204. By Mr. Dodson of the 82nd:
A bill to fix the fees of the clerks of the superior courts of certain counties for certain services; and for other purposes.

Senator Bateman of the 27th offered the following amendment: Amend HB 1204 by striking from Section 1, line 17 the words
"receive a fee of 25 cents per 100 words" and inserting in lieu thereof the words "receive a fee of two dollars ($2.00) per page".
On the adoption of the amendment, the ayes were 29, nays 1; and the amend ment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1077. By Mr. Harris of the 77th:
A bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide that within a specified time limita tion any Superior Court Judge who had elected to have his widow receive certain benefits to which he would have been entitled may rescind said action and be reimbursed for any contributions; and for other purposes.

The Committee on Retirement offered the following substitute:
A BILL
To be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws

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JOURNAL OF THE SENATE,

1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 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 superior court judges shall have said option and for the exercise of said option within a certain time; to provide that superior court judges exercising such option do not have to be holding office as a superior court judge at the time of their appointment as judge emeritus; to provide that within a specified time limitation any su perior court judge who had elected to have his widow receive certain benefits to which he would have been entitled had he lived and been appointed to the office of superior court judge emeritus may rescind said action and be reimbursed for any contributions, less certain deduc tions, which he had made toward the funding of such benefits; to pro vide 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 the office of Judge of the Superior Courts Emeritus, approved March 9, 1945 (Ga. Laws 1945, p. 362), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 275), is hereby amended by striking the first paragraph of subsection (a) of Section 10A in its entirety and substituting in lieu thereof a new paragraph to read as follows:

"Any superior court judge holding office on the effective date of this Act, shall have the option, which must be exercised, if at all, by not later than July 1, 1970, 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 subsec tion (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, 1968, 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. Laws 1968, p. 259), shall have the option provided in subsection (a) of this Section, which must be exercised, if at
all, within 60 days after becoming a superior court judge. All requirements 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 designated subsection (d) and to read as follows:

FRIDAY, FEBRUARY 20, 1970

1629

"(d) No provision of this Act shall be construed so as to re quire 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 other wise 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. Such Act is further amended by adding between Sec tions 10A and 11 a new Section, to be designated Section 10B, and to read as follows:

"Section 10B. Any Superior Court Judge who has elected to exercise the option provided for in Section 10A of this Act shall have until July 1, 1970, to rescind said action and to withdraw from the program of benefits provided for in said Section. In the event any Superior Court Judge shall elect to rescind such action, he shall notify the trustees of the Fund, in writing, prior to July 1, 1970. If such action shall be rescinded, there shall be refunded to any such judge all contributions which he has made toward the pro gram of benefits provided for in Section 10A, less any admin istrative costs and expenses incurred by the Fund, and less any costs and expenses for any accrued benefits enjoyed by any such Superior Court Judge during his participation in said program prior to his withdrawal therefrom."

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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 32, 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.

On the passage of the bill, the ayes were 29, nays 5.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 624. By Messrs, Farrar of the 77th and Barber of the 15th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of the benefits

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JOURNAL OP THE SENATE,

of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia; 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 7, Section 1, Paragraph 2 of the Constitution is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by law from time to time, for the increase of the benefits of per sons who have retired or who retire in the future under the pro visions of law relative to the Teachers' Retirement System of Georvia or the Employees' Retirement System of Georgia. The au thority herein granted shall not be exercised in such a manner as to adversely affect the actuarial soundness of either of said systems. The General Assembly is hereby authorized to appropriate funds for the purpose of increasing such benefits."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of
1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended to as to authorize the General Assembly to provide by law for the in-
NO ( ) crease of the benefits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Geor gia or the Employees' Retirement System of Geor gia?"

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 Committee on Retirement offered the following substitute:

FRIDAY, FEBRUARY 20, 1970

1631

A RESOLUTION

Proposing an amendment to the Constitution to authorize the Gen eral Assembly to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pur suant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose; 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, Paragraph II of the Constitution is hereby amended by adding to the end thereof the following paragraph:

"Any other provisions of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by law, from time to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law. The General As sembly shall be authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired per sons."

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 authorize the General Assembly to provide by law, from time
NO ( ) to time, for the increase of retirement or pension benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the Gen eral Assembly to appropriate funds for such pur pose?"

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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JOURNAL OF THE SENATE,

On the adoption of the substitute, the ayes were 29, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Chapman Cox Dean Doss Eldridge Fincher of 51st Fincher of 54th Garrard Gillis

Hardy Hensley Holley Hudgins Jackson Johnson Kidd London McGill Miller Noble Padgett Fatten Pennington Plunkett
Reeder

Reynolds Riley Rowan Scott Searcey 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 48, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

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; and for other purposes.

FRIDAY, FEBRUARY 20, 1970

1633

The House amendment was as follows:

Amend SB 222 by adding at the end of Section 2 the following:

"(a) Each Insurer shall participate in the writings, expenses, profits and losses of the Association in the following manner:

(1) for Habitational risks, the same proportion as its Habitational Premiums Written bear to the aggregate Habitational Pre miums Written by all Insurers in the Program;

(2) for Commercial risks, the same proportion as its Com mercial Premiums Written bear to the aggregate Commercial Pre miums Written by all Insurers in the Program."

Senator Holloway of the 12th moved that the Senate agree to the House amendment to SB 222.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House amendment to SB 222 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment oper ated upon the public roads of this State shall be required to display cer tain warning devices; to provide the procedures connected therewith; to provide penalties; and for other purposes.

The House amendment was as follows:
Amend by striking the period at the end of the first sentence of Section 2 and by adding at the end of said first sentence the following:
"or an emblem of the same shape and size painted on such ve hicle in a bright and conspicuous color--red and orange. The effec tive date shall be July 1, 1971."

Senator Kidd of the 25th moved that the Senate disagree to the House amendment to SB 328.

On the motion, the ayes were 32, nays 0; the motion prevailed, and the House amendment to SB 328 was disagreed to.

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JOURNAL OP THE SENATE,

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 515. By Senator London of the 50th:
A bill to create a Board of Commissioners of White County to consist of a Chairman and two other members; to provide for the election of said Board of Commissioners and for their terms of office; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to create a Board of Commissioners of White County to consist of a Chairman and two other members; to provide for the qualifications of said Chairman and other members; to provide for the election of the members of said Board of Commissioners and for their terms of office; to provide for the filling of vacancies; to provide for the commission and bonds for the Chairman and other members of said Board; to provide for meetings of said Board; to provide for a clerk of said Board; to provide for the powers and duties of said Board; to provide for all matters relative to the foregoing; to provide when the provisions of this Act shall become effective; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. (a) There is hereby created a Board of Commissioners of White County to consist of a Chairman and two other members to be elected by the qualified voters of White County as hereinafter provided.
(b) The Chairman and other members of said Board of Com missioners shall be qualified electors eligible to vote for members of the General Assembly of Georgia and shall have resided within White County at least one year prior to their election. The Chairman shall be at least 25 years of age prior to his election and the other members shall be at least 21 years of age prior to their election.
Section 2. (a) For the purposes of electing the Chairman and other members of said Board, candidates for Chairman shall offer as candidates for that office, and there shall be two Commissioner Posts, to be designated Post 1 and Post 2, for the other two Commissioners. Candidates for Commissioner shall designate the Commissioner Post for which they are offering. All candidates for Chairman and Commis sioner may reside anywhere within White County and shall be elected by a majority of the qualified voters of the entire county voting in the elections held for that purpose. All such elections shall be held and con ducted as provided by law for the election of county officers.
(b) The first Board of Commissioners of White County, as pro vided herein, shall be elected at the general election held in 1970 and

FRIDAY, FEBRUARY 20, 1970

1635

shall take office on the first day of July, 1971, for terms of two years and until their successors are elected and qualified. Thereafter, their successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of two years and until their successors are elected and qualified.

(c) In the event a vacancy occurs in the Chairmanship or other member of said Board when more than six months remain before the expiration of the term of office, it shall be the duty of the Ordinary of White County, within 15 days after such vacancy occurs, to issue the call for a special election for the purpose of filling such vacancy. Any such special election shall be governed by the provisions of law providing for the holding and conducting of special elections. In the event a va cancy occurs in the Chairmanship or other member of said Board with six months or less remaining before the expiration of the term of office, the Ordinary shall appoint a person qualified for the office of Chairman or for Commissioner, as the case may be, for the unexpired term.

Section 3. The Chairman and other members of the Board of Commissioners of White County shall be commissioned by the Governor of Georgia, shall make and subscribe, before any officer authorized to administer oaths, an oath for the faithful discharge of their duties and to account for all funds and property of said county coming into their possession. Such Commissioners shall, before entering upon the duties of their office, give a bond in the sum of $10,000.00 each, to be approved by the Ordinary, and payable to the Ordinary and his suc cessors in office, conditioned upon the faithful discharge of their duties, and to account for all funds and property of said county coming into their possession. The surety on said bonds shall be a corporate surety company authorized to do business in this State, and the premiums therefor shall be paid from county funds. Such bonds shall be filed in the office of the Ordinary and shall be recorded upon his minutes.

Section 4. Said Board of Commissioners shall hold a regular meet ing for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of White County on the first Tuesday in each month of the year, but said Board of Commissioners may hold sessions at any time they deem proper, upon the call of the Chairman or upon the written request of two Commis sioners. The members of said Board of Commissioners shall be au thorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county.

Section 5. The Board of Commissioners shall employ a clerk, road superintendent, and such other personnel as said Board deems neces sary. All such personnel shall receive the compensation fixed by the Board which shall be paid from county funds. It shall be the duty of the clerk of said Board to attend all meetings of the Board of Commis sioners and keep complete and orderly minutes of all such meetings. He shall file and keep in the order of their date all original orders and papers, petitions, applications and other papers, addressed to the

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JOURNAL OF THE SENATE,

Board of Commissioners concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury or county depository by order of the Board of Commissioners, giving the amount and date of said such payments; and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts and other indebtedness, contracted by the Board of Commissioners. All the books, files and records required to be used or kept in the office of the Board of Commissioners shall always be ready and open to inspec tion of any taxpayer of the county during normal working hours. Said clerk before entering on the discharge of his duties shall be required to give bond and take the same oath as required by Commissioners which bond shall be in the sum of $5,000.00, payable to the said Board of Com
missioners for the faithful performance of his duties; said clerk shall hold said office at the pleasure of the Board of Commissioners.

Section 6. Two members of the Board shall constitute a quorum and no action shall be taken by the Board without the concurring vote of at least two members of said Board. The Chairman of said Board shall preside at meetings and shall perform such duties and have such powers as are or may be conferred upon him by law or authorized by said Board and shall at each regular meeting of said Board submit a report of the condition of the county affairs and make to said Board such recommendations as he may deem proper. The Board of Commis sioners shall set such rules and policies as may be necessary for the proper functioning of the Board meetings. In all meetings and in all matters, the majority of the Board members voting shall govern the actions of the Board and each member thereof.

Section 7. (a) The Chairman of the Board of Commissioners shall be the presiding officer of all meetings of the county Commissioners, unless said Chairman is absent, in which event one of the other Com missioners shall preside at said meeting. The Chairman shall receive a salary of $125.00 per month and the other members of the Board shall receive a salary of $80.00 per month payable from the funds of White County.

Section 8. Said Board of Commissioners of White County shall have exclusive jurisdiction and control over the following matters, to-wit: In controlling all of the property belonging to said county as they may deem expedient according to law, including the proceeds of the sale of any and all bonds which may have heretofore been authorized or which may here after be authorized in said county; in supervising tax collector's and tax receiver's books; in allowing the insolvent list of the county; in settling all claims and accounts of officers having the care, management or dis bursement of funds belonging to the county and in bringing them to settlement; in providing for the poor of the county, and for the pro motion of health as granted by law or not inconsistent with law; to levy taxes for county purposes; to examine the tax digest of said county, for the correction of errors; in regulating or fixing license fees, as may be provided by the law; in requiring any county officer or depart ment to submit budget information and budget requests; in maintaining and operating the county public works camp of the county as provided by law, such as superintendents, wardens, guards of convicts and dis trict road overseers; in providing an annual budget and acting on all

FRIDAY, FEBRUARY 20, 1970

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budgetary matters and budgetary requests; and to have and exerciseall the power heretofore vested in the Ordinary of said county when sitting for county purposes, and to exercise such other powers and duties as are now or as may hereafter be provided by law for govern ing authorities of counties, by whatever name called, or as may be in dispensable to their jurisdiction over county matters and county fi-

Section 9. The Treasurer of White County or depository of said County shall not disburse or pay out any funds from the county treasury on any order unless the same shall have been approved by the Board of Commissioners and signed by the Chairman of the Board of Commis sioners; provided this requirement shall not apply to the jury script issued by the Clerk of the Superior Court and orders drawn by the Judge of the Superior Court and District Attorney; provided further that the Board of Commissioners may by proper resolution prescribe rules and regulations which provide for the signing of checks by a person or persons other than the Chairman for the disbursements of county funds. Unless changed by proper resolution, only the signature of the Chairman of the Board of Commissioners shall be required to disburse funds.
Section 10. The fiscal year of the county shall begin on the first day of July and end on the last day of June of the succeeding year. Prior to the first day of September of each year, the county commis sioners shall have a complete audit made by a certified public accoun tant of the fiscal affairs of the county. The entire audit shall be fur nished the Ordinary and the grand jury meeting after the audit report has been completed. The Ordinary shall post a copy of the entire audit on the bulletin board at the courthouse, and shall notify the residents of White County, by duly advertising the fact in the official organ of White County, that the audit is so posted, and that the entire audit re port may also be inspected in the office of the Ordinary during busi ness hours. The Ordinary shall permit any interested person to inspect the audit report during business hours. A summary of the audit, which shall be prepared by the certified public accountant, shall be published in said official organ as soon as it is available from the said certified public accountant. The cost of all such publication in the official organ of White County shall be paid by county funds.
Section 11. Said Board shall have the authority to employ a competent attorney at law as county attorney to advise the Board and represent the county in such matters as the Board of Commissioners may direct, who shall be paid such salary or compensation as may be fixed by the Board, and said county attorney shall serve at the pleasure of the Board. Whenever it is deemed necessary, said Board may employ additional counsel to assist the county attorney, who shall be paid such compensation as the Board may direct out of the regular funds of the county.
Section 12. An Act creating a Board of County Commissioners of Roads and Revenues for the County of White, approved March 15, 1933 (Ga. Laws 1933, p. 759), as amended, shall stand repealed in its entirety as of January 1, 1971.

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Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator London of the 50th moved that the Senate agree to the House substi tute to SB 515.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House substitute to SB 515 was agreed to.
The following general bills of the House, favorably reported by the com mittees, were read the third time, and put upon their passage:
HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th, Conger of the 68th and others:
A bill to provide that standards for certain factory built housing proto types, subsystems, materials and components certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for any county or municipality of this State; 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 standards for certain factory built housing certified as acceptable by the Federal Department of Housing and Urban Development shall be acceptable standards for such factory built housing for any county or municipality of this State; to provide that this requirement shall become a part of county and mu nicipal housing and building codes heretofore or hereafter adopted; to authorize counties and municipalities to provide a procedure for vali dating such factory built housing certified as acceptable by the Federal Department of Housing and Urban Development and to provide for certain requirements in connection therewith; to provide that it shall be unlawful for any person to falsely represent any factory built housing as being certified acceptable by the Federal Department of Housing and Urban Development; to provide for a penalty; 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. The standards for factory built modular housing certi fied as acceptable by the Federal Department of Housing and Urban

FRIDAY, FEBRUARY 20, 1970

1639

Development pursuant to Federal programs to achieve the national housing goal, as set forth in the Federal Housing and Urban Develop ment Act of 1968, shall be acceptable standards for such factory built housing, for any county or municipality of this State. The provisions of this Section shall become a part of the housing and building codea which have heretofore been adopted, or which may hereafter be adopted, by the counties and municipalities of this State.

Section 2. Counties and municipalities of this State are hereby au thorized to provide a procedure, by the adoption of an appropriate ordinance or resolution, for validating such factory built housing cer tified as acceptable by the Federal Department of Housing and Urban Development, but any such procedure shall not conflict with the pro visions of Section I of this Act and shall conform to Federal Require ments promulgated pursuant to Federal programs to achieve the na tional housing goal.

Section 3. It shall be unlawful for any person to falsely represent any factory built housing as being certified acceptable by the Federal Department of Housing and Urban Development. Any person violating the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as for a misdemeanor.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Carter of the 14th offered the following amendment to the Com mittee substitute:
Amend by striking from the first sentence of Section 1 the word "modular".

On the adoption of the amendment, the ayes were 35, nays 0, and the amend ment to the Committee substitute was adopted.

On the adoption of the Committee substitute, the ayes were 32, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, the ayes were 34, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

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HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia, relating to elections, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.

Senator Young of the 13th moved that HB 1304 be indefinitely postponed.

Senator Johnson of the 38th moved the previous question.

The President stated that the motion for the previous question takes prece dence over the motion to indefinitely postpone.

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:

Adams of 5th Adams of 26th Bateman Brown of 47th Chapman Coggin Cox Fincher of 51st Fincher of 54th Garrard Hardy

Hensley Holley Holloway Johnson
Noble Padgett Patton Plunkett Reeder Smalley Smith of 18th

Those voting in the negative were Senators:

Abney Andrews Carter Dean Doss Eldridge Gillis Hill

Hudgins Jackson Kennedy Kidd London McGill Miller Reynolds

Smith of 34th Starr Stephens Trippe Tysinger Walling Ward Webb Zipperer
Rowan Scott Searcey Spinks Vann Young

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1641

The roll call was verified.

On the passage of the bill, the ayes were 31, nays 22.
The bill, having received the requisite constitutional majority, was passed.
Senator Kidd of the 25th gave notice that at the proper time he would move the Senate reconsider its action on HB 1304.

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State of ficials, employees and appointees of the legislative, executive and ju dicial branches of the State government and to regulate the conduct of said persons; 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 prohibit certain activities by legislators to regulate the conduct of said persons with respect to conflicts of interest between their public duties and their personal, business or professional interest; to provide for a declaration of intent; to provide for defini tions; to provide for certain standards of conduct and disclosures; to establish a Committee on Ethics and prescribe its powers and duties; to provide that said Committee and the Attorney General shall ad minister and enforce the provisions of this Act; to provide for all mat ters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
PART I--DECLARATION OF POLICY
Section 1. It is hereby declared that no member of the General As sembly shall have any interest in substantial conflict with the proper discharge of his duties as a public official. To implement such policy and to strengthen the faith and confidence of the people of the State of Georgia in the integrity of the General Assembly, there is herein en acted a code of ethics setting forth standards of conduct for members of the General Assembly in the performance of their official duties.
PART II--DEFINITIONS
Section 2. (a) "Legislator" means a member or member-elect of the General Assembly of Georgia.

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(b) "Business" means a corporation, a partnership, a sole pro prietorship, or any other individual or organization carrying on a busi ness, including labor unions, trade associations and professional as sociations.

(c) "Financial interest" means an ownership interest in a busi ness held by an individual, his spouse, or minor children in value in excess of $5,000.00 or ownership which constitutes ten per cent, which ever is the lesser.

(d) "Regulatory Agency" means Comptroller-General, State De partment of Banking, State Department of Labor, Public Service Com mission, and Alcohol Control Unit of the State Department of Revenue.

PART III--STANDARDS OF CONDUCT
Section 3. No legislator shall request or receive any compensation for his services as a legislator from any source except the State of Georgia.

Section 4. No legislator shall request or receive any gift for him self or another which tends to influence him in the discharge of his official duties. This Section shall not be construed to apply to:
(a) An occasional non-pecuniary gift having an insignificant value;
(b) An award publicly presented in recognition of public service;
(c) A political campaign contribution actually used to pay bona fide political campaign expenses of the recipient legislator.

PART IV--DISCLOSURES
Section 5. (a) Each legislator who is an officer, director, agent, attorney, or employee of, or has a financial interest in, any business subject to the jurisdiction of a regulatory agency shall file annually between January 1 and January 31 with the Attorney General a sworn statement disclosing the nature of such relationship or interest as existed during the preceding calendar year.

(b) Each legislator who has a financial interest in a business which has sold to a State agency goods or services totaling in excess of |500.00 during a calendar year shall file annually, between January 1 and January 31, with the Attorney General, a sworn statement disclos ing the nature and value of such transactions during the preceding year.
(c) Each legislator who has a financial interest in any business which sells goods or services to a business which sells goods or services to a State agency shall file annually, between January 1 and January 31, a sworn statement disclosing the names of the business from which such legislator received a sum in excess of $1,000.00 the preceding calendar year.

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1643

(d) The Attorney General shall prescribe an appropriate form for the disclosure of this Section.

Section 6. Any disclosure statement filed by a legislator shall be open for inspection by the public upon sufficient cause being shown to the Attorney General and under such reasonable conditions as may be imposed by the Attorney General.

PART V--JOINT LEGISLATIVE COMMITTEE ON ETHICS

Section 7. There is hereby created a Joint Legislative Committee on Ethics to consist of three (3) members of the Senate and three (3) members of the House of Representatives, each of whom shall serve at the pleasure of the appointing authority, together with a Chairman appointed as hereafter provided. The Chairman of said Committee for odd-numbered years shall be appointed by the Speaker and for evennumbered years by the President of the Senate. Said Committee shall have the duties hereafter prescribed and such others as it may be as signed by joint action of the Speaker and the President of the Senate.

PART VI--ADMINISTRATION AND ENFORCEMENT

Section 8. The provisions of this Act shall be administered and en forced by the Attorney General and the Joint Legislative Committee on Ethics who shall have the powers and duties hereinafter prescribed.

Section 9. The Attorney General and the Joint Committee shall periodically review the disclosure statements filed with him and as deemed appropriate recommend legislation relating to legislative ethics.

Section 10. The Attorney General shall render an advisory opinion to any legislator who requests in writing an opinion as to whether the facts in a particular situation would constitute a violation of the standards set forth in Section 4 of this Act. Any such advisory opinion, until revoked or amended by said Committee, shall be a sufficient de fense to any subsequent complaint involving the same matter unless material facts were omitted or misstated in the request for an advisory opinion.

Section 11. (a) If the Attorney General determines that probable cause exists for believing that a legislator has violated a provision of this Act, he shall file a written complaint with the Joint Legislative Committee on Ethics containing a statement of the facts alleged to constitute the violation.

(b) Said Committee shall hold a private hearing on the complaint and no record or information as to the proceedings may be released to the public prior to its conclusion.

(c) If said Committee finds no violation has occurred, no record or information as to the proceedings may be released to the public and no further report need be made. If said committee finds that a violation has occurred, it must make a report thereof to the House or to the Senate,

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as the case may be, together with a recommendation of the sanction to be applied to the legislator involved, which report shall be released to the public.

(d) The sanctions available to a House of the General Assembly for the punishment of one of its members found to have violated any provision of this Act are:
(1) Censure,
(2) Pine,
(3) Imprisonment, or
(4) Expulsion.

No member may be imprisoned or expelled, except by a vote of two-thirds of the House to which he belongs.

(e) When the House or the Senate, as the case may be, convenes next after the report of the Committee contemplated in subsection (c) of this Section, the Committee report is a matter of business for ap propriate action.

Section 12. Said Committee shall be entitled to avail itself of the services of the Attorney General as it may require and as may be available to it. Within the limits of funds appropriated or otherwise made available, it may incur such expenses and employ such personnel as it may deem necessary in order to perform its duties.

Section 13. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator London of the 50th offered the following amendment to the Com mittee substitute:
Amend by striking the 1st two sentences of Section 7, Part V and substituting in lieu thereof the following:
"There shall be 6 members of a committee known as the Joint Legislative Committee on Ethics, 3 members to be elected by the membership of the House and 3 members to be elected by the mem bership of the Senate."

On the adoption of the amendment, the ayes were 52, nays 1, and the amend ment to the Committee substitute was adopted.

On the adoption of the substitute, the ayes were 43, nays 5, and the substitute was adopted as amended.

FRIDAY, FEBRUARY 20, 1970

1645

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 46, nays 5.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1492. 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 name of the Board of Georgia State Board of Nursing Administrators; and for other purposes.
The Committee on Health and Welfare offered the following amendment:
Amend HB 1492 by redesignating Sections 4, 5 and 6 as Sections 5, 6 and 7, respectively, and by inserting a new Section 4, which shall read as follows:
"Section 4. Said Act is further amended by adding to the end of Section 4 the following new sentence:
'Provided, however, that no license fee shall be required of any superintendent of a State hospital or facility during such time as the superintendent is acting or serving in the capacity as a Nursing Home Administrator in a State institution and as an employee of the State.' ".
On the adoption of the amendment, the ayes were 35, nays 0, and the amendment was adopted.
Senators Adams of the 26th and Tysinger of the 41st offered the following amendment:
Amend HB 1492 by deleting the words "to be" in sub-section (b) Sec tion 2 and inserting in lieu thereof the words "who may be" and by deleting the words "to be" in sub-section (f) in Section 2 and inserting in lieu thereof the words "who may be".
On the adoption of the amendment, the ayes were 29, nays 1 and the amend ment was adopted.

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The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, the ayes were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1504. By Mr. McClatchey of the 113th:
A bill to amend Georgia Laws 1957, so as to provide that the exemption regarding sales to not more than twenty-five persons as therein defined and stated shall be on a cumulative twelve months basis; and for other purposes.

Senator Holley of the 22nd offered the following amendment:
Amend HB 1504 by adding in the caption in line 9 following "basis,";
"and by amending said subsection 6 (j) so as to provide that a fee shall accompany each application requesting an exemption; to provide an effective date; to repeal conflicting laws;"
And by adding the following sentence on page 2, line 21, following "months.":
"A filing fee of $15.00 shall accompany each application re questing an exemption under this subsection."
And by adding the following as Section 2:
"This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
And by renumbering Section 2 as Section 3.

On the adoption of the amendment, the ayes were 34, nays 0, and the amend ment was adopted.

Senator Riley of the 1st offered the following amendment:
Amend HB 1504 by deleting the following on page 2 in lines 1 and 2 "where no commission or other remuneration is paid or given for or in connection with such sale,"

FRIDAY, FEBRUARY 20, 1970

1647

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, was agreed to as amended.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate, to-wit:

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow moving vehicles and equipment oper ated upon the public roads of this State shall be required to display cer tain warning devices; to provide the procedures connected therewith; to provide penalties; to repeal conflicting laws; and for other purposes.

The following bills and resolution of the Senate were taken up for the pur pose of considering House substitutes thereto:

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; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb

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County and creating a board of commissioners of DeKalb County, ap proved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, so as to increase the number of members of the board of commissioners; to provide for their election; to provide for their terms of office; to provide for a quorum; to provide for an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. 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, approved March 8, 1956 (Ga. Laws 1956, p. 3237), as amended, is hereby amended by striking the first paragraph of subsection (A) of Section 2 in its entirety and inserting in lieu thereof a new paragraph, to read as follows:
"Section 2. (A) The commission established herein shall con sist of six members, in addition to the chairman. For the purpose of electing such members, there shall be four commissioner districts as provided herein numbered 1 through 4, inclusive. One member of the commission shall be elected by the qualified voters of each respective commissioner district and shall reside in the commissioner district from which such member is elected. The chairman and the other two members of the commission may reside in any commis sioner district within the county and shall be elected by the quali fied voters of the entire county. The candidates may not offer for election to the board, except candidates offering for election as chairman and for the two commissioner posts which are elected by the voters of the entire county, from any district other than the district in which their legal residence lies. For the purpose of electing commission members, DeKalb County is hereby divided into four commissioner districts to be constituted and to be designated as follows:".

Section 2. Said Act is further amended by adding at the end of Section 3, the following:
"The two members of the board who are elected by the voters of the entire county shall be elected at the 1970 general election and shall take office on the first day of January following their election. One such member shall be elected for a two-year term of office and shall serve until his successor is duly elected and qualified. The other member shall be elected for a four-year term of office and shall serve until his successor is duly elected and quali fied. Thereafter, successors to the members of the board provided in this paragraph shall be elected at the general election which is conducted in that year in which their respective terms of office shall expire and shall take office on the first day of January fol lowing their election and shall serve for a four-year term of office until their successors are duly elected and qualified."

Section 3. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10, to read as follows:

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1649

"Section 10. Meetings.--The board of commissioners shall hold regular meetings on the second and fourth Tuesdays of each month at 2:00 o'clock P.M. at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any four members of the commission, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. The chairman and any three members of the commission, or any four members of the commission exclusive of the chairman, shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four members of the commission, or three members and the chair man. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the com mission."

Section 4. The provisions of this Act shall not affect the terms of office of the present members of the board of commissioners of DeKalb County. The provisions of this Act shall become effective on January 1, 1971, except those provisions providing for the election of members to the board, which shall become effective upon approval of this Act 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.

Senator Miller of the 43rd moved that the Senate agree to the House substitute to SB 101.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the House substitute to SB 101 was agreed to.
SB 365. By Senators Reynolds of the 48th, Young of the 13th, Zipperer of the 3rd and others: A bill to amend an Act relating to the State Board of Corrections and to prisons, so as to provide that the State Board of Corrections shall continue to allocate prisoners to and use the county public works camps and prisoners which meet certain criteria; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and

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prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 18, 1964 (Ga. Laws 1964, p. 491), so as to provide certain requirements and procedures relative to withdrawing all prisoners from all county public works camps; to provide that such requirements and procedures shall not be construed to prohibit the State Board of Corrections from withdrawing at any time prisoners from any camp not complying with the rules and regulations, requirements and directives of the Board; to provide that the State Board of Corrections shall purchase or lease, under certain circumstances, the facilities of such camps, at the option of the county in the event all prisoners are withdrawn from such camps; 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 comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, approved February 20, 1956 (Ga. Laws 1956, p. 161), as amended, particularly by an Act approved March 18, 1964 (Ga. Laws 1964, p. 491), is hereby amended by adding a new subsection at the end of Section 16 to be desig nated subsection (e) and to read as follows:

"(e) Nothing in this subsection shall be construed to prohibit the Board of Corrections from withdrawing prisoners from any camp which does not at any time comply with the rules and regu lations of the State Board of Corrections promulgated pursuant to Section 17 of this Act or from withdrawing prisoners from any camp which does not at any time meet the requirements of the Board or comply with its directives. For reasons other than the failure to comply with such rules and regulations, requirements and directives, the State Board of Corrections is hereby authorized to withdraw all prisoners under its jurisdiction from all county public works camps under the following conditions:

(1) That such withdrawal shall include all prisoners under the jurisdiction of the Board assigned to all public work camps, and that such withdrawal shall be completed within one year after the effective date of the beginning of such withdrawal.

(2) That all public works camps shall be notified at least one year in advance of the effective date of the beginning of such withdrawal.

(3) That each county affected by such withdrawal shall have the option of selling or leasing its public works camp facility to the State Board of Corrections provided the State Institutions and Property Committee of the House and the Penal and Correctional Affairs Committee of the Senate shall certify to the Board of Correc tions that the facility is suitable for inmate housing, and provided that the sales price of the facility or the lease rental payments for

FRIDAY, FEBRUARY 20, 1970

1651

the facility shall be determined by a board of three appraisers selected as follows:

(i) one to be selected by the State Board of Corrections,

(ii) one to be selected by the governing authority of the county,

(iii) the third to be selected by the other two appraisers.

(4) That each county affected by such withdrawal shall have 30 days from the date of the issuance of the notice required by paragraph (2) of this subsection to notify the Board of Corrections that (i) the facility is to be sold to the Board or (ii) the facility is to be leased to the Board or (iii) the county will keep and maintain the facility for its own use. If the Board is not so notified within said time limitation, the Board shall be under no obligation to lease or purchase the facility.

(5) That if the county elects to sell or lease the facility, the Committees named in paragraph (3) of this subsection shall have 60 days from the time the Board is notified of such decision in which to inspect the facility and make its recommendations and certification to the Board of Corrections.

(6) That if any such facility is leased by the Board, the term of such lease, the requirements relative to the repair, maintenance and improvements of the facility by the county, and the require ments relative to the renewal of such lease shall be as agreed upon by the Board and the governing authority of the county.

(7) That the sales price or lease rental payments for each facility and the requirements relative to the lease contract, when such facility is leased, shall be determined within six months after the issuance of the notice of the effective date of the beginning of the withdrawal required by paragraph (2) of this subsection, and if not determined within said time limitation, the Board shall be under no obligation to lease or purchase the facility."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Reynolds of the 48th moved that the Senate agree to the House substitute to SB 365.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House substitute to SB 365 was agreed to.

SR 191. By Senators Plunkett of the 30th and Webb of the llth:
A resolution creating the Heroes of Georgia Commission; and for other purposes.

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The House substitute was as follows:

A RESOLUTION
Creating the Governor's Award for Heroism Commission; and for other purposes.

WHEREAS, occasionally, there will be demonstrated by the citizens of this State individual or collective acts of heroism which are of such a caliber that, because of their uniqueness, individuals who have demon strated their unhesitating and spontaneous willingness to risk their own personal safety in order to come to the aid of others, sometimes totally unknown, who are in peril, should be recognized for their outstanding valor and courage; and
WHEREAS, it is only befitting and proper that the State of Geor gia, in some small manner, recognize these selfless individuals who have demonstrated such admirable heroic attributes.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Governor's Award for Heroism Commission, to be composed of the Governor, Secre tary of State, State Treasurer and State Superintendent of Schools.

The Secretary of State shall act as the Chairman of the Commis sion. The Commission may select as officers such other members of the Commission as they shall deem necessary and advisable. The Com mission shall have the responsibility and duty of receiving nomina tions from interested persons or organizations of candidates for the re ceipt of the Governor's Award for Heroism. Such award shall be pre sented to citizens of this State who have, because of their heroism, demonstrated the unique qualities of valor and courage which distin
guished them and set them apart. The Commission shall investigate each act of heroism reported to it and, in those cases where the heroism demonstrated is of such a unique caliber, present to such distinguished citizen of this State, in appropriate ceremonies, the Governor's Award for Heroism.

Senator Plunkett of the 30th moved that the Senate agree to the House substitute to SR 191.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House substitute to SR 191 was agreed to.

SB 405. By Senators Chapman of the 32nd and Reeder of the 55th:
A bill to amend an Act, relating to the destruction of records of the various state departments, so as to provide that the State Department of Public Health may in its discretion destroy fiscal records maintained

FRIDAY, FEBRUARY 20, 1970

1653

to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act, relating to the destruction of records of the various State departments, approved March 18, 1943 (Ga. Laws 1943, p. 468), as amended by an Act approved March 8, 1945 (Ga. Laws 1945, p. 331), an Act approved January 26, 1950 (Ga. Laws 1950, p. 29), an Act approved February 3, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 4), an Act approved March 13, 1957 (Ga. Laws 1957, p. 374), an Act approved March 13, 1957 (Ga. Laws 1957, p. 504), an Act approved February 4, 1959 (Ga. Laws 1959, p. 26), and an Act ap proved March 7, 1960 (Ga. Laws 1960, p. 780), so as to provide that the State Department of Public Health may in its discretion destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act; to provide for submission of disposition schedules to the Department of Archives and History prior to destruction; to provide for certain annual reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Act approved March 18, 1943 (Ga. Laws 1943, p. 468), as amended by an Act approved March 8, 1945 (Ga. Laws 1945, p. 331), an Act approved January 26, 1950 (Ga. Laws 1950, p. 29), an Act approved February 3, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 4), an Act approved March 13, 1957 (Ga. Laws 1957, p. 374), an Act approved March 13, 1957 (Ga. Laws 1957, p. 504), an Act approved February 4, 1959 (Ga. Laws 1959, p. 26), and an Act approved March 7, 1960 (Ga. Laws 1960, p. 780), relating to the destruction of records of the various State departments is hereby amended by adding to the end of Section 1, the following:
"Provided, however, that the State Department of Public Health in its discretion may destroy fiscal records maintained to administer the Medical Assistance Program developed under Title XIX of the Social Security Act (42 U.S.C. Section 1396-1396g (1969)), provided that no such records may be destroyed that are less than two years old and provided further that no records subject to audit will be destroyed until both State and Federal audits are completed. Dis position schedules for fiscal records maintained to administer the Medical Assistance Program developed under said Title of the So cial Security Act will be submitted for approval to the Department of Archives and History prior to destruction. An annual report on cubic volume destroyed will be sent to the Department of Archives and History for tabulation in a Statewide destruction summary maintained by that Department."

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JOURNAL OF THE SENATE,

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Chapman of the 32nd moved that the Senate agree to the House substitute to SB 405.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House substitute to SB 405 was agreed to.

SB 321. By Senator Smalley of the 28th:
A bill to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to trustees, by providing such compensation may be paid from time to time as the condition of the trust or the trust estate permits; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Section 108-432 of the Code of Georgia of 1933, which provides for the payment of compensation to Trustees, by providing that fees for delivery of property in kind may be paid from time to time when the ordinary shall determine this to be equitable and when the condition of the Trust or the Trust estate per mits; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. That Section 108-432 of the Code which reads as follows:
"108-432 Compensation. Trustees for their services, shall be entitled to the same compensation as guardians receive for similar services."
be amended by striking the period at the end of Section, inserting in lieu thereof a comma, and adding the following words: "which may be paid from time to time as the fees are earned; except that the fees for delivery of property in kind, when specifically approved by the ordinary, may be paid in advance of actual distribution, under circumstances where the ordinary shall determine that this shall be equitable and that the condition of the Estate permits."
So that Section 108-432 as amended shall read as follows:
"108-432. Compensation. Trustees, for their services, shall be en titled to the same compensation as guardians receive for similar serv-

FRIDAY, FEBRUARY 20, 1970

1655

ices, which may be paid from time to time as the fees are earned; ex cept that the fees for delivery of property in kind, when specifically approved by the ordinary, may be paid in advance of actual distribution under circumstances when the ordinary shall determine that this shall be equitable, and that the condition of the Estate permits."

Section 2. All laws and parts of laws that conflict with this Act are hereby repealed.

Senator Smalley of the 28th moved that the Senate agree to the House substitute to SB 321.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House substitute to SB 321 was agreed to.

The following bills of the Senate were taken up for the purpose of con sidering House amendments thereto:

SB 488. By Senators Spinks of the 9th and McGill of the 24th:
A bill to provide that it shall be unlawful for any dealer to sell, trade or exchange any farm tractor in this State, which was manufactured after a certain date, except under certain conditions; and for other purposes.

The House amendment was as follows:
Amend SB 488 by striking subsection (b) of Section 1 in its en tirety and inserting in lieu thereof the following:
"(b) Farm tractor means any self-propelled vehicle having more than 15 horsepower designed and used primarily as a farm implement for drawing plows, mowing machine and other imple ment of husbandry."

Senator Spinks of the 9th moved that the Senate agree to the House amend ment to SB 488.

On the motion, the ayes were 41, nays 0; the motion prevailed, and the House amendment to SB 488 was agreed to.

SB 387. By Senators Chapman of the 32nd, Brown of the 47th and Fincher of the 51st:
A bill to prohibit operation of clinical laboratories in this State unless licensed pursuant to this Act; to require licensure of laboratory direc tors and supervisors; and for other purposes.

1656

JOURNAL OF THE SENATE,

The House amendments were as follows:

Amend SB 387 by inserting at the end of subsection (i) of Section 4, the following:
"Provided, however, that nothing in this Act shall be construed to affect any director, supervisor, technologist or technician who is holding any such position on the effective date of this Act."; and

By adding paragraph (f) to Section 1 as follows:

"(f) licensed by the United States government."

Senator Chapman of the 32nd moved that the Senate agree to the House amendments to SB 387.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendments to SB 387 were agreed to.

SB 318. By Senator Smalley of the 28th:
A bill to authorize trust institutions to invest trust funds in shares of fiduciary investment companies; to prescribe limitations for such in vestments; to establish the standards for fiduciary investment com panies to qualify them for such investments; to define the powers of the Superintendent of Banks under this Act; and for other purposes.
The House amendments were as follows:
Amend SB 318 by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows:
"Section 2. Any one or more trust institutions may cause a fi duciary investment company or companies to be organized and in corporated, but no trust institution may own an interest in more than seven (7) fiduciary investment companies. A fiduciary in vestment company shall not begin business, except to select an investment adviser, until it is approved by the appropriate super visory agency. A fiduciary investment company shall be subject to such regulations as its supervisory agency may from time to time prescribe."
By striking the last sentence of Section 4 in its entirety and insert ing in lieu thereof a new last sentence of Section 4 to read as follows:
"Provided further, however, that no such trust institution shall invest in the stock of a fiduciary investment company on behalf of any estate, trust or fund administered by such trust institution a sum or amount which would result in such estate, trust or fund

FRIDAY, FEBRUARY 20, 1970

1657

having a total investment in such stock in excess of the maximum amount or percentage that might be invested by such estate, trust or fund, under the regulations of the Comptroller of the Currency or the Superintendent of Banks in effect at the time of such invest ment, in any common trust fund having total assets equal to the total assets of the fiduciary investment company as increased by the proposed investment and no institution shall invest in the stock of a fiduciary investment company if, immediately after such in vestment and as a consequence thereof, it would own more than twenty-five percent (25%) of the voting securities of such fi duciary investment company which would then be outstanding."

By striking from Section 8 the words:

"The investment adviser of the fiduciary investment company may hold shares of stock in such company."

By renumbering Sections 9 and 10 as Sections 10 and 11 respec tively.

By adding a new Section 9 to read as follows:

"Section 9. No fiduciary investment company shall refuse par ticipation to any trust institution as defined in this Act which is otherwise qualified to engage in a fiduciary investment program."

By adding at the end of subsection (b) of Section 5 the following sentence:

"Provided, however, no more than two directors shall be of ficers or directors of any one trust institution if the fiduciary in vestment company has been organized and incorporated by three or more trust institutions."

Senator Smalley of the 28th moved that the Senate agree to the House amendments to SB 318.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendments to SB 318 were agreed to.

The following bill of the Senate, favorably reported by the committee, and having lost on February 18 and been reconsidered on February 19, was put upon its passage:

SB 461. By Senators Stephens of the 36th, Chapman of the 32nd and Ward of the 39th:
A bill to authorize and direct the governing authority of each county and municipality to provide for the hiring of a full-time jailer or jailers

1658

JOURNAL OF THE SENATE,

for each jail or lockup within the political boundaries affected in order that each jail shall not be left unattended at any time; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 3.

The bill, having received the requisite constitutional majority, was passed.

The following resolution, favorably reported by the committee, was put upon its passage:

SR 322. By Senators Stephens of the 36th, Fincher of the 54th, Garrard of the 37th and others:
A resolution urging the movie industry to attach short trailers to movies which romanticize or make heroes out of bank robbers, murderers, hot rodders, or other like plots or characters; 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.

The following resolutions of the House, favorably reported by the committee, were read the third time, and put upon their passage:

HR 829. By Mr. Harris of the 10th:
A resolution declaring a certain tract of State-owned property to be surplus and authorizing its conveyances; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

FRIDAY, FEBRUARY 20, 1970

1659

On the adoption of the resolution, the ayes were 33, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 682. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution to ratify, approve and confirm the Exectuive Order of the Governor, dated March 27, 1969, suspending the collection of the tax imposed by the Georgia Retailers' and Consumers' Sales and Use Tax Act on the sale and use of the Holy Bible and Testaments until the next meeting of the General Assembly; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 36, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 849. By Mr. Gunter of the 6th:
A resolution authorizing the conveyance of certain real property in Rabun County in exchange for certain other real property located in Rabun County; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 30, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 815. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution authorizing and directing, subject to the prior consent of the State Properties Commission, the Governor of the State of Georgia

1660

JOURNAL OF THE SENATE,

to transfer by Executive Order the custody, control and jurisdiction of 900 acres, more or less of State owned real property in Hart County, from the State Properties Control Commission to the State Game and Fish 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 30, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 703. By Messrs. Dickinson of the 118th, Johnson of the 29th and others: A resolution authorizing and directing the Director of the Department of Public Safety to arrange the work schedules of State Patrolmen in such a fashion that each patrolman is required to work only a five-day work 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 35, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 1632. By Messrs. Lee, Gary and Northcutt of the 21st: A bill to amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, so as to change the compensation of the official court reporters of the Clayton Judicial Circuit; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

FRIDAY, FEBRUARY 20, 1970

1661

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1626. By Mr. Lambert of the 25th:
A bill to place the Official Court reporters of the Ocmulgee Judicial Circuit on a salary basis in lieu of a fee basis in connection with 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1639. By Messrs. Gunter and Moore of the 6th:
A bill to amend an Act entitled "An Act to abolish the fee system existing in the superior courts of the Mountain Judicial Circuit as applied to the office of official court reporter in felony cases;", so as to increase the compensation of the 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 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1339. By Mr. Barber of the 15th:
A bill to amend an Act providing sick leave for the teachers of the public schools of this State, so as to provide that up to a maximum of three days accumulated sick leave may be used by any teacher for the purpose of absenting himself for any personal or professional reason, if prior approval of such absence was obtained from the superintendent; and for other purposes.

1662

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1023. By Mr. Bohannon of the 20th:
A bill to provide that no department, agency or board of the State of Georgia shall deny a wife whose husband is on active duty in the Armed Forces employment with such department, agency or board merely be cause she is the wife of a serviceman; and for other purposes.

The report 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 1032. By Mr. Games of the 104th: A bill to regulate the sale of admission tickets to athletic contests by providing that no ticket to any athletic contest shall be sold for an amount in excess of the price printed on the ticket; to provide penalties; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 38, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1622. By Mr. Busbee of the 61st:
A bill to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to provide that those persons who are cur-

FRIDAY, FEBRUARY 20, 1970

1663

rently and efficiently engaged in the vocation of plumber shall not have to take the examination required by this Act if satisfactory evidence as to the qualifications is presented to and accepted by the Board on or before January 1, 1971; and for other purposes.

The report 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 1601. By Messrs. Holder and Anderson of the 49th and Phillips of the 50th:
A bill to repeal an Act entitled "An Act to further define the duties of the Reporter or Stenographic Reporter for the Oconee Judicial Circuit", so as to provide for additional 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 34, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1309. By Mr. Hill of the 94th:
A bill to amend Code Section 84-410.1, relating to the provisions appli cable to apprentices and the supervision of students learning the occu pation of barbering, so as to provide that a barber shop may have two apprentices; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 1.

The bill, having received the requisite constitutional majority, was passed.

1664

JOURNAL OF THE SENATE,

HE 1190. By Messrs. Nunn and Peterson of the 41st:
A bill to amend an Act creating the Board of Trustees of the Joint Mu nicipal Employees' Retirement System and providing for the establish ment of a Joint Municipal Retirement System; so as to provide for coverage for the employees of the jointly owned National Gas Trans mission Line; 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.

HB 1088. By Mr. Buck of the 84th:
A bill to amend an Act creating the positions of Chief Justice Emeritus and Associate Justice Emeritus, so as to add judges of the Court of Appeals to the provisions relative to Justices of the Supreme Court becoming members of the Employees' 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 33, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1515. By Mr. Lambert of the 25th:
A bill to amend an Act known as the "Georgia Agricultural Commodi ties Promotion Act", so as to provide that the Attorney General shall represent each commission in legal matters; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 40, nays 5.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1665

Senator Cox of the 21st asked unanimous consent to be recorded in the journal as voting "nay" on HB 1515.

The consent was granted.

Senator Kennedy of the 4th asked unanimous consent to be recorded in the journal as voting "nay" on HB 1515.

The consent was granted.

HB 1091. By Messrs. Snow and Crowe of the 1st and Peters of the 2nd:
A bill to amend an Act requiring dealers in junk or metals purchasing copper wire or cable to keep certain information, so as to change the information required to be kept by such dealers; and for other purposes.

The report 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 1129. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act creating the State Board of Pardons and Paroles, so as to authorize parole supervisors or parole officers to arrest any parolee or conditional releasee who has violated the terms and conditions of his parole or conditional release in a material respect, with or without a warrant; and for other purposes.

The report 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.

1666

JOURNAL OF THE SENATE,

HB 921. By Mr. Jones of the 84th:
A bill to repeal an Act requiring all statehouse officers and officers and appointees of any department of State and county officers who receive fees and compensation other than salary to keep a daily account of such fees and compensation and make sworn itemized statements with the Comptroller General 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 42, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1403. By Messrs. Hudson and Dorminy of the 48th:
A bill to provide for the disposition of insolvent costs from fines and forfeitures arising from traffic cases 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 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1520. By Messrs. Paris of the 14th and Murphy of the 19th:
A bill to amend Code Section 92-6911, relating to the meetings and duties of the board of tax assessors, so as to authorize the board to mail notices of corrections, changes or equalizations on real and personal property of taxpayers by registered or certified mail; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 0.

The bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 20, 1970

1667

HB 1087. By Mr. Buck of the 48th:
A bill to amend an Act establishing the Employees' Retirement System of Georgia, so as to add Judges of the Court of Appeals to the pro visions relative to Justices of the Supreme Court becoming members of the Employees' 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 31, nays 2.

The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the Senate and House were read and adopted:

SR 350. By Senator Carter of the 14th:
A resolution commending the Plains High School Boys Basketball Team; and for other purposes.

SR 352. By Senators Hudgins of the 15th, Reeder of the 55th and Carter of the 14th:
A resolution wishing a full and speedy recovery to Lt. W. I. White, a most courageous and honorable member of the Georgia State Patrol; and for other purposes.

SR 353. By Senator Kidd of the 25th:
A resolution commending Mr. William E. Birdsong, Sr.; and for other purposes.

SR 354. By Senator Pennington of the 45th:
A resolution expressing regrets at the passing of Honorable William Samuel Dykes; and for other purposes.

SR 355. By Senator Pennington of the 45th:
A resolution commending the Georgia Milk Producers Association; and for other purposes.

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JOURNAL OF THE SENATE,

SR 356. By Senators Andrews of the 49th, Rowan of the 8th, Eldridge of the 7th and others:
A resolution expressing regret at the passing of Mr. Dave Wegerek; and for other purposes.

SR 357. By Senators London of the 50th and Andrews of the 49th:
A resolution expressing regret at the passing of Honorable Irwin R. Kinizey; and for other purposes.

SR 358. By Senator Andrews of the 49th:
A resolution commending the Honorable Richard B. Russell, Jr.; and for other purposes.

SR 360. By Senators Pennington of the 45th and Spinks of the 9th:
A resolution expressing regrets at the passing of the Honorable Joseph Merritt Bell; and for other purposes.

HR 986. By Messrs. Cooper and Wood of the llth, Smith of the 43rd, Brooks of the 17th and others:
A resolution commending Richard Brevard Russell, father of Georgia's present Senior Senator Richard Brevard Russell, Jr., Winder, Barrow County, Georgia; and for other purposes.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.

Senator Smith of the 18th moved that the Senate insist on the Senate amend ment to HB 214.

On the motion, the ayes were 43, nays 0; the motion prevailed, and the Senate amendment to HB 214 was insisted upon.

The following bill of the House was taken up for the purpose of considering House action thereto:

FRIDAY, FEBRUARY 20, 1970

166

HB 1141. By Messrs. Games of the 104th, Adams of the 100th, Busbee of the 61st and others:
A bill to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to authorize employees of the Firemen's Pension Fund to become members of said fund for the purpose of receiving pension benefits only; and for other purposes.

Senator Webb of the llth moved that the Senate insist on the Senate amend ment to HB 1141.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the Senate amendment to HB 1141 was insisted upon.

Senator Holloway of the 12th gave notice that at the proper time he would move that the Senate reconsider its action of today of agreeing to the House amendment to the following bill of the Senate:

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; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House action thereto:

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment oper ated upon the public roads of this State shall be required to display certain warning devices; to provide the procedures connected therewith; to provide penalties; and for other purposes.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House amendment to SB 328 and that a Conference Committee be ap pointed.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment.

1670

JOURNAL OF THE SENATE,

The President appointed as a Conference Committee on the part of the Senate, the following:

Senators Kidd of the 25th, Eldridge of the 7th and Rowan of the 8th.

The following resolution of the Senate was taken up for the purpose of con sidering a House substitute thereto:

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.

Senator Kidd of the 25th moved that the Senate agree to the House substitute to SR 43.

Senator Webb of the llth moved to have the House substitute printed.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the Chair ordered the House substitute to SR 43 printed and further action on the motion by Senator Kidd of the 25th was postponed until Saturday, February 21.

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 Governor:
SB 480. SB 317. SB 396.
Respectfully submitted, Eldridge of the 7th District, Chairman.

Senator Webb of the llth moved that the Senate do now adjourn until 8:30 o'clock A.M. tomorrow, and the motion prevailed.

The President announced the Senate adjourned until 8:30 o'clock A.M. tomorrow.

SATURDAY, FEBRUARY 21, 1970

1671

Senate Chamber, Atlanta, Georgia

Saturday, February 21, 1970

The Senate met pursuant to adjournment at 8:30 o'clock A.M. today, 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 Holloway of the 12th moved that the Senate reconsider its action of yesterday in agreeing to the House amendment to the following bill of the Senate:
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; and for other purposes.
On the motion to reconsider, the ayes were 30, nays 0, and the motion pre vailed.
Senator Kidd of the 25th moved that the Senate reconsider its action of yesterday in passing the following bill of the House:

HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 40th: A bill to amend Title 34 of the Code of Georgia, relating to elections, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.
On the motion, Senator Walling of the 42nd called for the ayes and nays, and the call was sustained.
The roll was called, and the vote was as follows:

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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Adams of 5th Andrews Brown of 47th Carter Dean Doss Fincher of 51st

Gillis Kennedy Kidd McGill Miller Padgett Rowan

Scott Searcey Vann Webb Young

Those voting in the negative were Senators:

Broun of 46th Chapman Garrard Hardy Holloway

Fatten Plunkett Smalley Smith of 18th Smith of 34th

Trippe Tysinger Walling Zipperer

The roll call was verified.

On the motion, the ayes were 19, nays 14; the motion prevailed, and HB 1304 was placed on the Senate Calendar.

The President stated that Senator Riley of the 1st would not be present for today due to the death of a close friend and business associate.

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.

SATURDAY, FEBRUARY 21, 1970

1673

The President announced as the doctor of the day, Dr. John Rhodes Haverty, and as the nurse of the day, Mrs. Alice Martin.

Senator Young of the 13th asked unanimous consent that the call of the roll be dispensed with.

The consent was granted.

Senator Smith of the 34th gave the morning devotional.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 375. By Senator Smalley of the 28th:
A bill to amend an Act known as "The Retail Installment and Home Solicitation Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other purposes.

SB 376. By Senator Smalley of the 28th:
A bill to amend an Act known as the "Motor Vehicle Sales Act", so as to delete therefrom certain provisions relating to disclosure and details of transactions; to repeal conflicting laws; and for other pur poses.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 525. By Senator Spinks of the 9th:
A bill to create the agency of State government to be known as the Georgia Agrirama; to provide that the agency shall be under the direction of the Governor; to provide for a three member board of ad visors; to repeal conflicting laws; 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 320. By Senator Smalley of the 28th:
A bill to amend Section 113-1101 of the Code of Georgia of 1933, which provides that certain provisions of the Georgia Code with reference to administrators of estates shall apply to executors; and for other purposes.

SB 388. By Senator Smalley of the 28th:
A bill to amend Section 113-1518 of Chapters 113-15 of the Code of Georgia, relating to investments made by executors, administrators, guardians and trustees so as to clarify same and to provide that the authorities contained in said Code Section shall apply to exchange or conversion of certain stock or securities; and for other purposes.

SB 517. By Senator Adams of the 26th: A bill to amend an Act known as the "Insurance Premium Finance Com pany Act", so as to change the amount which may be charged in addition to the maximum service charge on a premium finance agreement; 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.
The House has passed, by substitute, by the requisite constitutional ma jority the following bill of the Senate, to-wit:

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, so as to provide for the issuance of license tags to certain other veterans; and for other purposes.

The House has adopted the following resolutions of the House, to-wit:

HR 1011. By Messrs. Matthews of the 16th, Smith of the 43rd, Brooks of the 17th, Mullinax and Ware of the 30th:
A resolution commending the Honorable Daniel B. "Brack" Blalock; and for other purposes.

HR 1012. By Messrs. Smith of the 43rd, Dickinson of the 118th and many others:
A resolution expressing the deepest and sincerest regrets for the passing of the Honorable Dave Wegerek, political reporter and news com mentator for WAGA-TV; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1675

The House has agreed to the Senate substitute as amended by the House, to the following resolution of the House, to-wit:

HR 624. By Messrs. Parrar of the 77th and Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the increase of the benefits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia; and for other purposes.

The House has agreed to the Senate substitute to the following bill of the House, to-wit:

HB 1318. By Mr. Atherton of the 117th:
A bill to authorize certain counties and municipalities to levy and impose certain excise taxes; 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 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.

The House has passed by the requisite constitutional majority the following bills and resolution of the Senate, to-wit:

SB 490. By Senators Johnson of the 38th, Coggin of the 35th, Hardy of the 56th and others:
A bill to amend an Act establishing a new charter for the City of At lanta, empowering and authorizing the City of Atlanta to sell to DeKalb County certain property; and for other purposes.

SB 531. By Senator Johnson of the 38th:
A bill to amend an Act granting to incorporated municipalities having a population of more than 300,000, powers to require repairs of certain

1676

JOURNAL OF THE SENATE,

buildings, so as to provide that said Act shall also apply to private property where trash creates a public health hazard; and for other purposes.

SB 532. By Senator Johnson of the 38th:
A bill to authorize municipal corporations in this State having a population of more than 400,000 to become self insurers under the provisions of Georgia Code Ann., Section 56-2437; to limit the amounts and coverages of self insurance; and for other purposes.

SB 538. By Senator Johnson of the 38th:
A bill to amend an Act establishing a new charter for the City of Atlanta, relating to filing of notice of candidates for any general municipal office; and for other purposes.
SB 559. By Senator Fincher of the 51st:
A bill to amend an Act creating the office of commissioner of roads and revenues for Cherokee County, so as to change the compensation of the commissioner of Cherokee County; and for other purposes.

SB 560. By Senator Fincher of the 51st:
A bill to amend an Act placing the sheriff of Cherokee County and the clerk of the superior court of Cherokee County on a salary system in lieu of the fee system, so as to change the compensation of the sheriff's deputies and the jailer; and for other purposes.
SB 563. By Senator Cox of the 21st:
A bill to provide for the appointment of the County School Superin tendent of Emanuel County by the Board of Education of Emanuel County, to provide for the time of the initial appointment; and for other purposes.
SB 564. By Senator Cox of the 21st:
A bill to provide for a referendum election in Emanuel County at which the voters of Emanuel County shall be given a choice of increasing the number of members of the Board of Education to seven; and for other purposes.

SR 307. By Senator Smith of the 18th:
A resolution proposing an amendment to the Constitution so as to authorize the consolidation, merger and combination of the tax func tions of each incorporated municipality located within Houston County with such functions of Houston County; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1677

The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 495. By Senator London of the 50th:
A bill to amend an Act creating a new charter for the City of Young . Harris, so as to change the date of elections in said city; and for other
purposes.

SB 482. By Senators Chapman of the 32nd and Rowan of the 8th:
A bill to provide for the necessary consent for the treatment of minors for venereal disease; to provide for the necessary consent for the treatment of minors for drug abuse; to provide a certain definition; to repeal laws in conflict herewith; 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 conflict ing 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 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof:

Messrs. Matthews of the 16th, Buck and Jones of the 84th.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 359. By Senator Webb of the llth:
A bill to amend an Act establishing the Teachers' Retirement System, so as to redefine the term "teacher" as used in said Act; and for other purposes.

1678

JOURNAL OF THE SENATE,

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

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, so as to exempt wages, salaries and commissions of any person residing in this State from garnishment; and for other purposes.

The House has disagreed to the Senate substitute to the following bill oi the House, to-wit:

HB 1155. By Mr. Jones of the 59th: A bill to prohibit certain activities by legislators and other State officials, employees of the legislative, executive and judicial branches of the State government and to regulate the conduct of said persons; and for other purposes.
The House has adopted the following resolution of the House, to-wit:
HR 1027. By Messrs. Smith of the 43rd and Busbee of the 61st: A resolution relative to adjournment; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate, to-wit:
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 provide for fair,, speedy, and impartial trials; and for other purposes.
SB 422. By Senators Smith of the 18th and Plunkett of the 30th: A bill to provide an alternative method cumulative to existing methods for extending municipal boundaries of municipalities having a popula tion of 5,000 or more persons; to provide the procedure to be followed when such method is used; and for other purposes.
The House has appointed a Committee of Conference Number Two on the following bill of the House, to-wit:

SATURDAY, FEBRUARY 21, 1970

1679

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
A bill to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain require ments; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof:
Messrs. Williams of the llth, Johnson of the 29th and Anderson of the 49th.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

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 February 21, 1951 (Ga. L. 1951, p. 408), as amended, so as to change the definition of the practice of applied psychology; and for other purposes.

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 191. By Messrs. Maxwell of the 78th, Dent and Connell of the 79th and others:
A bill to amend Code Section 93-206 and Code Section 93-208, per taining to the salaries of the chairman and members of the Public Service Commission, so as to provide for a salary of $27,500 per annum in lieu of a salary of $22,500 per annum; and for other purposes.

The House has agreed to the Senate amendment, as substituted by the House, to the following resolution of the House, to-wit:
HR 843. By Messrs. Sweat and Dixon of the 65th: A resolution proposing an amendment to the Constitution, so as to re store the law enforcement powers to the sheriff of Ware County, and to provide that the governing authority of Ware County shall estab lish and maintain a county police force; and for other purposes.

1680

JOURNAL OF THE SENATE,

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate, to-wit:

SB 217. By Senator Johnson of the 38th:
A bill to amend Chapter 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 60^ of each fee of $1.00 collected; 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 fifty cents for each application handled in all counties of the State of Georgia; 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 223. By Senator Rowan of the 8th:
A bill to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. L. 1964, p. 3), as amended, so as to change the minimum sum in determining the funds needed by local units of administration for maintenance, operation and sick leave expense; and for other purposes.

SB 250. By Senator Walling of the 42nd: A bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction pro ceedings; to provide for judgment; and for other purposes.
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 491. By Senator Webb of the llth: A bill to amend an Act creating the Georgia Factory for the Blind, as amended, so as to provide that surplus funds may be accrued by the Factory not to exceed a total of $250,000.00; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1681

The House has passed, as amended, by the requisite constitutional majority the following resolution of the Senate, to-wit:

SR 280. By Senators Patton of the 40th and Pennington of the 45th:
A resolution authorizing and directing the State Highway Department to determine the boundaries of certain rights-of-way along Roswell Road in Pulton County, which are surplusage, and authorizing and di recting the Governor to deed the surplusage to adjoining landowners; and for other purposes.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 452. By Senator Kidd of the 25th:
A bill to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the bond of the employment agencies; and for other purposes.
The following resolution of the Senate was introduced, read the first time, and referred to committee:

SR 363. By Senator Hudgins of the 15th:
A resolution creating the Interstate Highway Study Committee; and for other purposes.
Referred to Committee on Rules.

The following reports of standing committees were read by the Secretary:

Senator Brown of the 47th District, Acting 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 resolution of the House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:

HR 871. Do pass by substitute.

Respectfully submitted, Brown of 47th District, Acting Chairman.

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JOURNAL OF THE SENATE,

Senator Brown of the 47th District, Acting 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 Acting Chairman, to report the same back to the Senate with the following recommendations:
HB 1640. Do pass.
Respectfully submitted,
Brown of 47th District,
Acting Chairman.

Senator Brown of the 47th District, Acting 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 resolution of the House and has instructed me, as Acting Chairman, to report the same back to the Senate with the following recommendations:
HR 811. Do pass as amended. Respectfully submitted, Brown of 47th District, Acting 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 Govern ment has had under consideration the following bill of the House and has in structed me, as Chairman, to report the same back to the Senate with the fol lowing recommendations:
HB 1203. Do pass by substitute. Respectfully submitted,
Smith of 18th District,
Chairman.

Senator Hensley of the 33rd District, Chairman of the Committee on High ways, submitted the following report:

SATURDAY, FEBRUARY 21, 1970

1683

Mr. President:

Your Committee on Highways has had under consideration the following bill of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1027. 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 bills of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1128. Do pass by substitute.

HB 1206. Do pass.

Respectfully submitted, Smalley of 28th 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 House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:
HB 1589. Do pass by substitute. Respectfully submitted, Smalley of 28th District, Chairman.

Senator Smalley of the 28th District, Chairman of the Committee on Ju diciary, submitted the following report:

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JOURNAL OF THE SENATE,

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 1615. Do pass. Respectfully submitted, Smalley of 28th 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 and resolutions of the House and has instructed me, as Chairman, to report the same back to the Senate with the following recommendations:

HB 1117. Do pass as amended.

HB 1207. Do pass.

HB 1359. Do pass as amended.

HB 1388. Do pass by substitute.

HB 1657. Do pass.

HR 637. Do pass.

HR 716. Do pass.

HR 868. Do pass.

Respectfully submitted, Smalley of 28th 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 529. Do pass.

Respectfully submitted, Smalley of 28th District, Chairman.

SATURDAY, FEBRUARY 21, 1970

1685

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 has instructed me, as Vice Chairman, to report the same back to the Senate with the following recommendations:
HR 614. Do pass. HR 621. Do pass as amended. HR 660. Do not pass. HR 735. Do not pass. HR 739. Do pass as amended. HR 878. Do not pass. HR 850. Do pass.
Respectfully submitted, Smith of 18th District, Vice Chairman.

The following, local uncontested bills and resolutions of the House, favorably reported by the committees, were read the third time, and put upon their pas sage:

HB 894. By Messrs. Miles, Maxwell and Simkins of the 78th and others:
A bill to create the Augusta-Richmond County Transportation Au thority; and for other purposes.

The Committee on County and Urban Affairs offered the following amend ment:
Amend HB 894 by adding at the end of Section 4 a new subsection to be designated subsection (b) and to read as follows:
" (b) None of the Authority powers shall be exercised so as to acquire any railway property or facility of any kind or character or so as to require the removal, construction or relocation of the same unless and until the Interstate Commerce Commission and the Georgia Public Service Commission has issued all necessary authority under their jurisdiction for the resulting change in railroad trackage and operations."

On the adoption of the amendment, the ayes were 49, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1715. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to change the mode of electing the mayor and councilmen; and for other purposes.
Senator Reynolds of the 48th offered the following amendment:
Amend HB 1715 by inserting in the title after the words "nominat ing elections;" the following:
"to provide for a referendum;".
By inserting a new Section 5 to read as follows:
"Section 5. Not less than 60 nor more than 90 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 governing authority of the City of Commerce to issue the call for an election for the purpose of submitting this Act to the voters of the City of Com merce for approval or rejection. The governing authority of said City shall set the date of such election for a day not less than 45 nor more than 60 days after the date of the issuance of the call. The governing authority 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 Jackson County. The ballot shall have written or printed thereon the words:
'For approval of the Act giving the Mayor and Councilmen four year terms.
'Against approval of the Act giving the Mayor and Coun cilmen four year terms.'
"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 in the referendum in which more than fifty percent (50%) of the registered voters of the City of Commerce must vote on such question are for approval of the Act, it shall become of

SATURDAY, FEBRUARY 21, 1970

1687

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 Commerce. It shall be the duty of the governing authority of the City of Commerce to hold and conduct such election. It 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 governing authority to canvass the re turns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secrtary of State."

By renumbering the present Section 5 as Section 6.

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, was agreed to as amended.

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 1718. By Mr. Barber of the 15th:
"JiVS
A bill to amend an Act incorporating the City of Commerce, so as to provide for the election of the board of education; and for other purposes.
Senator Reynolds of the 48th offered the following amendment:
Amend HB 1718 by inserting in the title thereof after the words "to provide for Superintendent of Schools" the following:
"to provide for a referendum".
By striking from Section 1 the words "who shall be freeholders,".
By inserting a new Section 2 to read as follows:
"Section 2. Not less than 60 nor more than 90 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 governing authority of Commerce to issue the call for an election for the purpose of

1688

JOURNAL OF THE SENATE,

submitting this Act to the voters of the City of Commerce for approval or rejection. The governing authority shall set the date of such election for a day not less than 45 nor more than 60 days after the date of the issuance of the call. The governing authority 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 Jackson County. The ballot shall have written or printed thereon the words:

'For approval of the Act providing for the election of the Board of Education.

'Against approval of the Act providing for the election of the 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 in said election, in which more than 50% of the registered vot ers of the City of Commerce must vote on such question are for approval of the Act, it 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 the City of Commerce. It shall be the duty of the governing authority of the City of Commerce to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern special elec tions, except as otherwise provided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify thereof to the Secretary of State."

By renumbering the present Section 2 as Section 3.

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, was agreed to as amended.

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 1719. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to change the name of the "Mayor's Court" or "Municipal Court" to the "Recorder's Court"; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1689

Senator Reynolds of the 48th offered the following amendment:

Amend HB 1719 by adding in line 12, page 2, between the word "who" and the word "shall" the following: "shall be a qualified elector of the City of Commerce and who".

By adding a new subsection at the end of quoted Section 9 of Section 3 to be designated subsection (f) and to read as follows:

"(f) Any provisions of this Section to the contrary notwith standing, the Mayor may elect to serve as Recorder, and in that event, he shall receive no additional compensation for service as such. All provisions of this Section relative to the Recorder and the Recorder's Court shall apply to the Recorder and the Court when the Mayor serves as Recorder."

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, was agreed to as amended.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed amended.

HB 1734. By Messrs. Reaves and Barfield of the 71st:
A bill to be entitled an Act to create the Lowndes County Utilities Au thority and to authorize such Authority to acquire, construct and thereafter operate and maintain projects embracing public utilities including sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns and gov ernmental entities, and related wastes with the power to charge 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1690

JOURNAL OP THE SENATE,

HB 1732. By Messrs. Dean and Murphy of the 19th:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Polk County, so as to provide for an expense allow ance 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1723. By Messrs. Dean of the 76th, Thomason, Levitas, Harris and Farrar of the 77th, Bell and Morris of the 73rd, Vaughn and Jordan of the 74th:
A bill to be entitled an Act to authorize and direct Chairman and Board of Commissioners of DeKalb County to immediately create by ordinance the DeKalb County Community Relations 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1721. By Messrs. Gunter and Moore of the 6th:
A bill to be entitled an Act to amend an Act incorporating the Town' of Cornelia, so as to provide that the term of the member of the City Commission elected to serve as Mayor shall be a term of three 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 21, 1970

1691

HB 1722. By Messrs. Gunter and Moore of the 6th:
A bill to be entitled an Act to amend an Act incorporating the Town of Mt. Airy, so as to provide that the term of office of the Mayor shall be a term of two 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 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1720. By Messrs. Gunter and Moore of the 6th:
A bill to be entitled an Act to grant to the City of Cornelia the power and authority to furnish fire protection without the corporate limits of the City of Cornelia, under such rules and regulations, and for such charges as the City Commission of the City of Cornelia may by ordinance prescribe, and to operate its fire trucks and fire fighting equipment without the corporate limits of the City for such 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1710. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th: A bill to be entitled an Act to amend an Act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax commissioner; and for other purposes.
The report 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.

1692

JOURNAL OF THE SENATE,

HB 1712. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to be entitled an Act to amend an Act placing the Clerk of the Superior Court, the Sheriff, the Ordinary and the Coroner of Paulding County on a salary basis, so as to change the compensation of the Clerk of the Superior Court, the Sheriff and the Ordinary; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1711. By Messrs. Kreeger, Burruss, Housley, Wilson, McDaniell, Henderson and Atherton of the 117th:
A bill to be entitled an Act to amend an Act creating the office of Commissioner of Paulding 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1717. By Mr. Barber of the 15th:
A bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to provide for election of city officers, including a city manager 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 21, 1970

1693

HB 1716. By Mr. Barber of the 15th:
A bill to be entitled an Act to amend an Act incorporating the City of Commerce, so as to change the date for 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1741. By Mr. Maxwell of the 78th: A bill to be entitled an Act to amend an Act changing from the fee system to the salary system certain county officers of certain counties in this State, so as to provide for additional employees and for their compensation; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1708. By Mr. Ballard of the 23rd: A bill to be entitled an Act to amend an Act establishing Juvenile Courts, so as to provide for the compensation of the Juvenile Court Judges of 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1694

JOURNAL OF THE SENATE,

HB 1725. By Mr. Moate of the 28th:
A bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Eatonton, so as to change the corporate limits; to provide for the tax assessors by the governing authorities; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1724. By Mr. Lambert of the 25th:
A bill to be entitled an Act to amend an Act amending the Charter of the City of Greensboro, so as to authorize the mayor and council to appoint a recorder for the recorder's court, and to set his compen sation; and for other purposes.

The report 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 1691. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of At lanta, 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 21, 1970

1695

HB 1692. By Mr. Hill of the 97th:
A bill to amend an Act establishing a new charter for the City of East Point, so as to change the corporate limits of the City of East Point; and for other purposes.

The report 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 1704. By Messrs. Bowen and Rainey of the 47th:
A bill to be entitled an Act to amend an Act placing the clerk of the Superior court, the sheriff and the ordinary of Dooly County upon 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1636. By Messrs. Connell and Dent of the 79th, DeLong and Sherman of the 80th, and Maxwell of the 78th:
A bill to amend an Act creating a board of commissioners of Rich mond County, so as to provide that Richmond County shall provide a recreation program throughout the county and available to all resi dents 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.

1696

JOURNAL OF THE SENATE,

HB 1572. By Messrs. Cook and Gates of the 95th, Adams of the 100th, Shepherd of the 107th, Sims of the 106th, Felton of the 95th and others:
A bill to authorize and direct the governing authorities of all mu nicipalities with populations of 400,000 or more, to impose a license fee not to exceed $100 per annum, upon each person who practices astrology for a fee; and for other purposes.

The report 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 1494. By Messrs. Hood of the 99th, Shepherd of the 107th, Ezzard of the 102nd, Carnes of the 104th and others: A bill to amend an Act known as the "Housing Authorities Law", so as to increase the membership of housing authorities of certain municipalities; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.
HB 1618. By Mr. Edwards of the 45th: A bill to abolish the present mode of compensating the Clerk of the Superior Court of Marion County, so as 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 21, 1970

1697

HB 1647. By Messrs. Nunn and Peterson 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 report 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 1679. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A bill to amend an Act providing a new charter for the City of Al bany, so as to change and extend the corporate limits of said city and the wards therein; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0. The bill, having received the requisite constitutional majority, was passed.

HB 1689. By Mrs. Hamilton of the 112th:
A bill to amend an Act providing for a Board of Elections in counties of more than 500,000, so as to change the name of such Board of Elec tions and of the Elections Supervisor; to extend the authority of said Board and Supervisor over the registration of electors; and for other purposes.

The report 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.

1698

JOURNAL OF THE SENATE,

HB 1698. By Messrs. Sweat and Dixon of the 65th:
A bill to amend an Act creating and establishing a new charter for the City of Waycross, so as to authorize the city commission to fix the salary of the mayor within a certain salary range; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1697. By Messrs. Sweat and Dixon of the 65th: 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.
The report 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 1707. By Mr. Wamble of the 69th: A bill to be entitled an Act to amend an Act abolishing the office of County Treasurer of Grady County and providing for the designation of county depositories, so as to provide that any State chartered bank having its principal place of business located within Grady County may serve as the county depository; and for other purposes.
The report 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.

SATURDAY, FEBRUARY 21, 1970

1699

HB 1728. By Messrs. Bohannon and Patterson of the 20th:
A bill to be entitled an Act to amend an Act incorporating the Town of Whitesburg, so as to change the qualifications of candidates for mayor and councilmen; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1736. By Messrs. Sweat and Dixon of the 65th: A bill to be entitled an Act to amend an Act creating a Board of Com missioners of Ware County, so as to authorize the Board of Commis sioners to fix the salary of the Chairman within a certain salary range; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1746. By Messrs. Black and Edwards of the 45th: A bill to be entitled an Act to amend an Act creating the office of Commissioner of Webster County, so as to increase the salary of the clerk of the commissioners of Webster 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.

1700

JOURNAL OF THE SENATE,

HB 1740. By Mr. Maxwell of the 78th:
A bill to be entitled an Act to provide that the tax collectors or tax commissioners of certain counties shall collect and remit all county school taxes levied under the authority of the Constitution to the county board of education of such counties; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1731. By Mr. Joiner of the 35th:
A bill to be entitled an Act to amend an Act placing the sheriff of Washington County upon an annual salary, so as to authorize the sheriff to hire two additional 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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.
HB 1733. By Messrs. Conger and Griffin of the 68th: A bill to be entitled an Act to amend an Act creating the Civil and Criminal Court of Decatur County, so as to change the compensation of the Judge, the Solicitor 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

SATURDAY, FEBRUARY 21, 1970

1701

HB 1730. By Mr. Joiner of the 35th:
A bill to be entitled an Act to change the number of members of the Washington 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1729. By Messrs. Parker, Nessmith and Lane of the 44th: A bill to be entitled an Act to amend an Act placing the sheriff of Screven County on an annual salary in lieu of the fee system of compensation, so as to provide that the sheriff may have as many deputies as may be required to assist him in the performance of the duties of 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 49, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HR 877. By Mr. Maxwell of the 78th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Augusta to create two or more taxing districts within said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph III of the Constitu tion is hereby amended by adding at the end thereof the following:

1702

JOURNAL OF THE SENATE,
"The City of Augusta is authorized to create two or more tax ing districts within said city and provide that the rate and manner of levying taxes within any one district may vary from those taxes levied in other districts."
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 authorize NO ( ) the City of Augusta to create two or more taxing districts within said city?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Para graph of the Constitution, it shall become a part of the Constitution of this State.

The 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 McGill Miller Noble Padgett Patton Pennington Plunkett

Reynolds Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

SATURDAY, FEBRUARY 21, 1970

1703

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 583. By Mr. Grahl of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Peach County to levy a tax not to exceed 1 mill for use by the Peach County Industrial Development Authority; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V is hereby amended by adding at the end thereof the following:
"The governing authority of Peach County is hereby authorized to levy a tax on all taxable property in Peach County not to exceed 1 mill and to donate the proceeds of such tax levy to the Peach County Industrial Development Authority for use by said Au thority for the purposes for which it was created."
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 authorize the governing authority of Peach County to levy a
NO ( ) tax not to exceed 1 mill for use by the Peach County Industrial Development Authority?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall 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.

1704

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Noble Padgett Patton Pennington Plunkett Eeeder

Reynolds 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 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 844. By Mr. Kreeger of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Smyrna Development Authority; to provide for the submission of this amendment for ratification or rejec tion ; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is amended by adding at the end thereof the following:

SATURDAY, FEBRUARY 21, 1970

1705

"The General Assembly shall be authorized to create in and for the City of Smyrna, the Downtown Smyrna Development Au thority for the purpose of the redevelopment of the downtown Smyrna area. Said Authority shall have the power to employ en gineers and planners, to contract for the construction, remodeling and altering of buildings, and to contract with the City of Smyrna for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be au thorized to empower the Authority to create special tax districts within the City of Smyrna, and to levy and collect taxes within said districts based on vales fixed by the Tax Digest of the City of Smyrna, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against owner occu pied property used exclusively for residential purposes or property used for school or church purposes. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives.

The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Smyrna which shall be subject to the provisions of the amendment."

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 provide for the establishment of a Downtown Smyrna De-
NO ( ) velopment Authority and to provide for the powers, duties, and responsibilities of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The 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:

1706

JOURNAL OF THE SENATE,

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 Gillis Hardy

Hensley Hill
Holley Holloway
Hudgins Jackson Johnson Kennedy Kidd London McGill Miller
Noble Padgett Patton Pennington Plunkett Reeder

Reynolds 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 53, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 871. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A RESOLUTION
Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution to provide for a Board of Registrars in Dougherty County without an enabling act of the General Assembly; to define its powers and duties; to provide a method of appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistants and other employees of the Board of Registrars; to provide for compensation for such persons and the members of the board; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section I. Article XI, Section I, Paragraph VI is hereby amended by adding at the end thereof the following:
"A. There is hereby created in Dougherty County a Board of Registrars which shall have the same duties and powers granted to

SATURDAY, FEBRUARY 21, 1970

1707

and incumbent upon a Board of Registrars by Title 34 of the Georgia Code of 1933, as now or hereafter amended, particularly to an Act entitled 'The Georgia Elections Code', approved June 24, 1964 (Ga. L. Ex. Sess 64, p. 26).

B. The Board of Registrars in Dougherty County shall be com posed of three members, each of whom shall be an elector and resident of the County and each of whom shall be appointed by the governing authority of the County in lieu of the Judge of the Superior Court.

C. Such registrars shall serve at the pleasure of the govern ing authority of the County, and the compensation of the registrars shall be fixed by the governing authority of the County.

D. The governing authority shall designate one of the reg istrars as Chief Registrar, who shall serve as such at the pleasure of the governing authority of the County and whose compensa tion shall be fixed by the governing authority of the County.

E. All appointments of members of the Board shall be entered on the minutes of the governing authority and the governing au thority shall also enter on its minutes the designation of the Chief Registrar. It shall be the duty of the governing authority to certi fy the appointments and designation to the Secretary of State with in thirty (30) days after such appointments and designation. In certifying such names to the Secretary of State, the governing authority shall also list the addresses of the registrars.

F. No person who holds elective public office shall be eli gible to serve as a member during the term of such elective office and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.

G. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. All va cancies on the board shall be filled by the governing authority.

H. The first appointments under the provisions hereof shall be made prior to January 1, 1971 and the persons appointed shall assume office January 1, 1971. The persons presently serving as registrars in Dougherty County shall continue to serve through De cember 31, 1970.

I. The governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and affairs of the Board of Registrars.

Section II. 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

1708

JOURNAL OF THE SENATE,

Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create NO ( ) a Board of Registrars in Dougherty County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If said 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 elections shall be made in like manner as returns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The Committee on County and Urban Affairs offered the following substi tute:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the General Assembly by local Act to create a Board of Registrars of Dougherty County or a Joint Board of Registrars of Dougherty County and the City of Albany and to provide for all mat ters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following para graph :
"The General Assembly is hereby authorized and empowered by local Act to create a Board of Registrars of Dougherty County or a Joint Board of Registrars of Dougherty County and the City of Albany and to define its powers and duties and to provide for all matters relative to the foregoing."
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:

SATURDAY, FEBRUARY 21, 1970

1709

"YES ( ) Shall the Constitution be amended so as to authorize and empower the General Assembly by local Act to
NO ( ) create a Board of Registrars of Dougherty County or a Joint Board of Registrars of Dougherty County and the City of Albany and to provide for all matters rela tive to the foregoing?"

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.

On the adoption of the substitute, the ayes were 53, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

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 Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller
Noble Padgett Patton Pennington Plunkett Reeder

Reynolds 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 53, nays 0.

1710

JOURNAL OF THE SENATE,

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

HR 842. By Messrs. Sweat and Dixon of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973; to provide for all matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitu tion is hereby amended by adding at the end thereof the following:
"The General Assembly is hereby authorized to provide by local Act for the consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973. The General Assembly is further authorized to provide for all matters relative to the foregoing."
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 authorize the General Assembly to provide by local Act for the
NO ( ) consolidation of the offices of tax collector and tax receiver of Clinch County into the single office of tax commissioner of Clinch County to become effective January 1, 1973?"
All persons desiring to vote in favor of ratifying the proposed amend ment 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.

SATURDAY, FEBRUARY 21, 1970

1711

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 Noble Padgett Patton
Pennington Plunkett Reeder

Reynolds 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 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 647. By Mr. Scarlett of the 67th:
A RESOLUTION
Proposing an amendment to the Constitution, so as to authorize the governing authority of Glynn County to exercise the power of tax ation for water and sewer purposes and to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph II, of the Constitu tion of the State of Georgia of 1945 is hereby amended by adding at the end thereof the following:

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JOURNAL OF THE SENATE,

"The governing authority of Glynn County is hereby authorized to exercise the power of taxation for the purpose of acquiring, constructing, reconstructing, bettering, enlarging, extending, im proving, maintaining, and operating systems, plants, works, in strumentalities, and properties used or useful in connection with the obtaining of a water supply and the conservation, treatment, and disposal of water for public and private uses and the collection, treatment, and disposal of sewage, waste, and storm water to gether with all parts of any such undertaking and all appur tenances thereto including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, gen erating stations, sewage disposal plants, intercepting sewers, trunk connecting and other sewer and watermains, filtration works, pump ing stations, and equipment, and for the purpose of aiding in any of the foregoing, which purposes are hereby declared to be public purposes and to expend funds raised by the exercise of such power."

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 provided in Article XIII, Section I, Paragraph I of the Constitution of the State of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize NO ( ) Glynn County to exercise the power of taxation for
water and sewer purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall do so by voting "Yes" on the question propounded, and all persons desiring to vote against ratifying the proposed amendment shall do so by voting "No" on the question propounded.

If such amendment shall be ratified as provided in the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

SATURDAY, FEBRUARY 21, 1970

1713

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 Noble Padgett Patton Pennington Plunkett Reeder

Reynolds 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 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 872. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A RESOLUTION
Proposing an amendment to Article XI, Section I, Paragraph VI of the Constitution to provide for a Board of Elections in Dougherty County without an enabling act of the General Assembly; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for an ex officio member; to provide for the qualification and terms of its members; to provide for a chairman, clerical assistants and other employees; to provide for compensation for such persons and the members of the board; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section I. Article XI, Section I, Paragraph VI of the Constitu tion is hereby amended by adding at the end thereof, the following:
"A. There is hereby created in Dougherty County a Board of Elections which shall have jurisdiction over the conduct of primaries

1714

JOURNAL OF THE SENATE,

and elections in Dougherty County in accordance with the provisions hereof.

B. The Board of Elections in Dougherty County shall be composed of five (5) members, each of whom shall be an elector and resident of the County and who shall be selected in the following manner:

(1) Two members shall be appointed by the chairman of the county executive committee of the political party whose candidates at the past preceding regular general election, held for the elec tion of all members of the General Assembly, received the largest number of votes in this State for members of the General As sembly, and two members shall be appointed by the chairman of the county executive committee of the political party whose candi dates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such re spective executive committees voting at a meeting duly called and held for such purposes; provided, further, that in the event such appointments are not ratified by a majority of the members of such executive committees at least sixty (60) days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds majority of the membership of such executive com mittees; provided, further, that in the event the members of said executive committees fail to elect such members at least thirty (30) days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section D. hereof.

(2) One member shall be, ex officio, the chief registrar of the county, who shall be designated chairman of the board of elections.

C. No person who holds elective public office shall be eligible to serve as a member during the term of such elective office, and the position of any member shall be deemed vacant upon such member qualifying as a candidate for elective public office.

D. The appointment or election of each appointed or elected mem ber shall be made by the respective appointing or electing authority filing an affidavit with the Clerk of the Superior Court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person ap pointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The Clerk of the Superior Court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed or elected member and the name and the ex-officio member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. In the event any appointing or electing authority fails (1) to make a regular appointment or elec tion within the times specified in this section and in Section B (1), or (2) to make an interim appointment or election to fill a vacancy

SATURDAY, FEBRUARY 21, 1970

1715

within ninety days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forth with by the governing authority.

E. Each appointed or elected member of the board shall (1) serve for a term of two years and until his successor is appointed or elected and qualified, except in the event of resignation or removal as hereinafter provided, (2) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resig nation to the respective appointing or electing authority and to the clerk of the superior court, and (3) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars.

F. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing or electing au thority shall appoint or elect a successor to serve the remainder of the unexpired term. In the event a vacancy occurs in the office of the ex officio member by reason of the death of such member or his re moval or resignation as chief registrar, his office on the board of elections shall be filled by the person succeeding to the office of chief registrar. The Clerk of the Superior Court shall be notified of interim appointments or elections and changes in the office of the ex officio member and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and designation of the ex officio member.

G. The first members of the board hereunder shall take office on January 1, 1971. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest.

H. Each board of elections shall: (1) With regard to the prepara tion for conduct and administration of elections, succeed to and exer cise all duties and powers granted to and incumbent upon the Ordinary by Title 34 of the Georgia Code of 1933, as now or hereafter amended, particularly by an Act entitled 'The Georgia Election Code', approved June 24, 1964 (Ga. L. Ex. Sess. 1964, p. 26), of whatever nature and kind, and any other provision of law with respect thereto.

(2) With regard to preparation for and conduct of primaries: (a) succeed to all the duties and powers granted to and incumbent upon the ordinary by Title 34 of the Georgia Code of 1933, as now or hereafter amended, particularly by an Act entitled 'The Geor gia Election Code', approved June 24, 1964 (Ga, L. Ex. Sess. 1964, p. 26), of whatever nature and kind, and any other provision of law with respect thereto, and (b) formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regu lations of the State Executive Committee of each political party, governing the conduct of primaries, to the end that, insofar as prac ticable, all primaries shall be uniformly conducted by the county executive committee of each political party, poll workers properly trained and voters adequately informed and instructed.

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JOURNAL OF THE SENATE,

Any rule or regulation promulgated by a county executive com mittee under the provisions of Code Section 34-902 (c), as amended, with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board of elections.

Nothing herein shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any
other public agency to bear any expense of conducting primaries not otherwise required by law.

I. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers all be ap pointed, insofar as practicable, from lists provided the board by the county executive committee of each political party.

J. With the consent of the governing authority, the board of elec tions shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets and other ma terial designed to adequately inform and instruct electors of the county with regard to elections.

K. Effective January 1, 1971, the ordinary shall be relieved from all powers and duties to which the board of elections succeeds by the provisions herein and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertain ing to such powers and duties.

L. The chairman of the board of elections shall be the chief execu tive officer of the board of elections and shall generally supervise, di rect and control the administration of the affairs of the board of elec tions pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction.

M. Compensation for the chairman of the board of elections, clerical assistants and other employees shall be such as may be fixed by the governing authority. Compensation for members of the board of elections, not including the chairman, shall be the same as received by members of the board of registrars, not including the chief registrar. Said com pensation shall be paid wholly from county funds.

N. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate.

0. The words 'election', 'elector', 'political party', 'primary', 'public office', 'special election', and 'special primary' shall have the same meaning ascribed to those words by Code Section 34-103 of the Code of Georgia of 1933, as amended, unless otherwise clearly apparent herein."

SATURDAY, FEBRUARY 21, 1970

1717

Section II. 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 proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create NO ( ) an election board in Dougherty County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote 'Yes'. All persons desiring to vote against rati fying the proposed amendment shall vote 'No'.

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Noble Padgett Patton Pennington Plunkett Reeder

Reynolds Rowan Scott Searcey Smalley
Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

1718

JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 704. By Messrs. Vaughn and Jordan of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that residents of the City of Conyers who are 62 years of age or over, or who are totally disabled and who have an income from all sources, in cluding the income of certain members of the family, not exceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding, each resident of the City of Conyers who is sixty-two years of age or over and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, and each resident of the City of Conyers who is totally disabled and who does not have an income from all sources, including the income of all members of the family living in the home of said resident, exceeding $4,000.00 per annum, is hereby granted an exemption of $2,000.00 on his homestead from all ad valorem taxation by the City of Conyers as long as any such resident of the City of Conyers actually occupies said homestead as his residence. Provided, how ever, under this provision, there shall be no more than one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above exempted amount shall remain subject to ad valorem taxation by the City of Conyers. Any such resident shall not receive the benefits of such homestead exemption unless he files an affidavit with the governing authority of the City of Conyers, or with a person designated by the governing authority of the City of Conyers, giving his age and the amount of income which he receives and the income which members of his family living in his home receive and such additional information relative to receiving the benefits of such exemption as will enable the gov-

SATURDAY, FEBRUARY 21, 1970

1719

erning authority of the City of Conyers, or the person designated by the governing authority of the City of Conyers, to make a de termination as to whether such owner is entitled to such exemption. The governing authority of the City of Conyers, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1970."

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 provide that residents of the City of Conyers who are 62
NO ( ) years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not ex ceeding $4,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City?"

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 McGill

1720
Noble Padgett Patton Pennington Plunkett Reeder Reynolds Rowan

JOURNAL OF THE SENATE,

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 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 869. By Messrs. Dixon and Sweat of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the consolidation of the offices of the tax receiver and tax collector of Ware County into the office of the tax commissioner of Ware County; to authorize the City of Waycross and Ware County to consolidate, merge and combine the ad valorem tax functions of such political sub divisions; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"Effective January 1, 1973, the offices of tax receiver and tax collector of Ware County shall be consolidated and combined into the one office of the tax commissioner of Ware County. The first elec tion for the office of tax commissioner of Ware County shall be held in the general election of 1972. The General Assembly may provide by law for any matters necessary pertaining to the consolidation and merger of the offices of the tax receiver and tax collector into the office of tax commissioner of Ware County and for any other matters pertaining to the tax commissioner of Ware County not in conflict with this paragraph.
Effective January 1, 1973, the respective governing authorities of the City of Waycross and the County of Ware shall consolidate, merge and combine the offices, officers and functions of the City and

SATURDAY, FEBRUARY 21, 1970

1721

of the County relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hear ing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes levied by the City of Waycross and County of Ware and State of Georgia, and respecting any and all other matters relating or incident to the same, to specify and provide for the time, method and manner of performing any and all such matters and functions. The tax commissioner of Ware County shall be vested with the power,
duty and responsibility of administering such combined functions, activities, powers, duties, and responsibilities. Such governing au thorities may, except as in regard to the tax commissioner of Ware County, retain, release, or combine present offices and officers, positions and employees, and provide for the selection of officers and employees to assist the tax commissioner of Ware County in performing such consolidated and combined tax functions, provide for the compensation and tenure of office and employment of such employees, provide for their classification as officers or employees of either the City or County or both for purposes of compensation coverage and retirement pension and old-age benefits, designate the place or places for the performance of the services and duties con nected with or incident to the consolidated and combined tax func tion between the City and County, and all other related or inci dental matters not in conflict with this paragraph. In the per formance of any and all of the matters herein authorized and re lating to ad valorem taxation, due process of law shall be afforded and the right of any person to homestead exemptions as provided by law and as related to ad valorem taxes due to the State of Georgia and County of Ware shall not be affected hereby or hereunder. Any of the foregoing actions may be changed, super seded, or revoked by the General Assembly."

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 provide that effective January 1, 1973, the offices of the tax
NO ( ) receiver and tax collector of Ware County shall be combined into the office of tax commissioner of Ware County and to authorize the City of Waycross and Ware County to consolidate, merge and combine the ad valorem tax functions of such political sub divisions?"

All persons desiring to vote in favor of ratifying the proposed amend ment 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.

1722

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the adoption of the xesolution, 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 McGill Noble Padgett
Patton Pennington Plunkett
Eeeder

Reynolds 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 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 811. By Messrs. Maxwell, Simkins of the 78th, Sherman, DeLong of the 80th, and Dent of the 79th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any. area of Richmond County outside the incorporated limits of mu nicipalities; to provide for the submission of this amendment for rati fication or rejection; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1723

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section IV, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following new paragraph:

"The Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincorporated areas; and the right and power to classify businesses and business enter prises, which are not subject to regulation by the State Public Service Commission, and to assess different fees and taxes against different classes of business. The Board of Commissioners of Rich mond County shall also have the right and power to license all busi nesses and business enterprises in any area of Richmond County outside the incorporated limits of municipalities, in the interest of the welfare of the citizens of Richmond County, and to prescribe rules and regulations concerning the same, and to provide that viola tion of any license regulation adopted by the Board of Commis sioners of Richmond County or the failure to pay any license fee or tax prescribed for any business shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

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 provide that the Board of Commissioners of Richmond
NO ( ) County shall have the right and power to assess and collect license fees and taxes from all persons, firms, and corporations maintaining a place or places of business in any area of Richmond County outside the incorporated limits of municipalities?"
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 Para graph of the Constitution, it shall become a part of the Constitution of this State.

Senator Holley of the 22nd offered the following amendment:

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JOURNAL OF THE SENATE,

Amend HR 811 by: (1) deleting from Section I the words, "which are not subject to regulation by the State Public Service Commission" following the word "enterprises" on the twenty-first line of said Sec tion and adding on line 24 of said Section immediately following the word "business" the following:

", excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission."

(2) adding in Section 1 in parentheses immediately following the word "enterprises" on the twenty-seventh line the following:

"which are not subject to regulation by the State Public Service Commission."

so that the proposed addition to Article VII, Section IV, Paragraph I of the Constitution of the State of Georgia, will read as follows:

"The Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of Richmond County outside the in corporated limits of municipalities; and the right and power to license and regulate taxicabs and cars for hire in such unincor porated areas; and the right and power to classify businesses and business enterprises, and to assess different fees and taxes against different classes of business, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission. The Board of Commissioners of Richmond County shall also have the right and power to license all businesses and business enterprises (which are not subject to regulation by the State Public Service Commission) in any area of Richmond County outside the ..."

On the adoption of the amendment, the ayes were 54, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

The resolution, proposing an amendment to the Constitution, a roll call was. ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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

SATURDAY, FEBRUARY 21, 1970

1725

Pincher of 64th Garrard
Gillis Hardy Hensley Hill Holley
Holloway Hudgins Jackson Johnson Kennedy Kidd

London McGill
Noble Padgett Patton Pennington Plunkett
Reeder Reynolds 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 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted as amended.

HE 736. By Mr. Morris of the 73rd:
A RESOLUTION
Proposing a constitutional amendment so as to authorize the Gen eral Assembly to provide by local act for the creation of a local gov ernment to be known as the "City and County of DeKalb" which shall be a successor government to the government of DeKalb County and authorizing all matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
Be it resolved by the General Assembly of Georgia:
Section 1. Article XI, Section I, Paragraph VII of the Constitu tion is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized to create by local act a successor government to the existing govern ment of DeKalb County to be designated 'the City and County of DeKalb,' which shall be a political subdivision of the State and a body corporate and politic embracing the existing territorial limits of DeKalb County.
Said local act shall provide for a governing authority which shall be composed of a Mayor and not less than nine nor more than fifteen Aldermen.

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JOURNAL OF THE SENATE,

The said act shall provide for the establishment of not less than five geographic districts which together shall include the entire area of DeKalb County and which shall be as nearly equal in population as practicable. The limits of such districts may be delineated in said act, or the General Assembly is authorized to delegate the responsibility for delineating such districts to a com mission composed of all of the members of the General Assembly from DeKalb County, to be governed in its responsibilities by such procedures as the General Assembly may provide in said act. Said act shall provide for the reapportionment of such districts within two years following each Federal decennial census.

Said Act shall provide that the Mayor be elected by vote of the electors of the entire county. Said act may provide that the Aldermen be elected by vote of the electors of the entire county, or that the Aldermen be elected by vote of only the electors of the respective districts from which they offer as candidates, or that some of the Aldermen be elected by each method: Provided, that any such method shall require the election of at least one resident of each district.

Within the foregoing limitations, the General Assembly is hereby authorized to provide for the number of members of the Board of Aldermen; and to provide the terms of office, qualifica tions, manner of election, compensation, method of removal, powers and duties and the method of exercising same, of the Mayor and Board of Aldermen, and to provide for all other matters necessary or incidental to the creation of said governing authority and the exercise of its functions.
The General Assembly is specifically authorized to provide that said governing authority shall be vested with all, or any por tion, of the powers formerly vested in the chairman and board of commissioners of roads and revenues of DeKalb County by this Constitution and by local and general act, and with such powers and authority as may be hereafter granted to counties generally.
Notwithstanding any other provision of this Constitution and of any statute, the General Assembly is authorized to provide that said governing authority shall be vested with all, or any portion, of the powers which the General Assembly is otherwise authorized to confer on municipal corporations of this State.
The General Assembly is authorized to provide, or to grant to said governing authority the power to provide, for the following:
(1) The creation or continuation of such public authorities, special districts, boards, bureaus, offices, commissions and positions of public employment of DeKalb County as may be necessary or desirable to the functions of said local government, and all matters relative thereto, including provisions for the delegation of ad ministrative functions by the governing authority;
(2) The abolishment of any existing public authorities, spe cial districts, departments, boards, bureaus, offices, commissions

SATURDAY, FEBRUARY 21, 1970

1727

and positions of public employment of DeKalb County, subject to the limitations hereinafter provided, either with or without a referendum;

(3) The creation of special taxing districts whereby taxes shall be assessed, levied, and collected by said governing authority in accordance with the kind, character, type and degree of services provided by said government within such respective taxing dis tricts; and the rate and manner of taxation may vary in any one district from that in another or other districts; and the powers, duties, liabilities and functions of said governing authority may vary from district to district;

(4) The assumption by said local government of all outstand ing bonded indebtedness and all other obligations of DeKalb County, and a method or methods whereby said governing authority shall assume the payment of said obligations of DeKalb County;

(5) The transfer of all assets of whatever kind or nature, real and personal, of DeKalb County to said local government, includ ing taxes accrued or payable, contracts, choses in action and franchises.

The General Assembly shall provide for said local government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds now or hereafter applicable to counties of the State of Georgia under the Constitu tion and laws of the State of Georgia, or other laws or under any present or future State or Federal programs. In addition, the General Assembly shall provide for said local government to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants in aid funds, loans, aid, appro priations and matching funds now or hereafter applicable to mu nicipal corporations of the State of Georgia under the Constitution and laws of the State of Georgia, or other laws or under any present or future State or Federal programs, provided that where the amount of any such is computed on the basis of population, area or road mileage such local government's amount shall be com puted on the population, area or road mileage located within the area of DeKalb County, exclusive of the population, area or road mileage included within any municipal corporate limits on the date of ratification of this amendment.

Nothing contained herein shall be construed so as to authorize the General Assembly or the said governing authority in pur suance of this amendment to:

(1) Abolish or alter the status of the Board of Education of DeKalb County or the DeKalb County School System;

(2) Abolish or alter the status of the courts or the office of the Clerk of Court of DeKalb County;

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JOURNAL OF THE SENATE,

(3) Abolish or alter the status of the office of Sheriff;

(4) Abolish or alter the status of the office of Ordinary;

(5) Impair or diminish any civil service, pension or retire ment rights existing at the time of ratification of this amendment;

(6) Impair or diminish any homestead or other exemption from taxation now or hereafter specified in this Constitution;

(7) Affect the status, jurisdiction or powers of any municipal corporation existing in DeKalb County at the time of ratification of this amendment; and, specifically, the General Assembly shall pro vide that the powers and authority granted to the said local gov ernment, other than county-wide powers and authority possessed by the chairman and the board of commissioners of roads and revenues of DeKalb County at the time of ratification of this amendment, shall be exercised only in the unincorporated area of DeKalb County as it exists at the time of ratification of this amendment, except where any such powers or authority may be exercised under contract or agreement with the governing authority of such other municipal corporation.

Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power which existed prior to the adoption of this amendment with respect to the board of education, school dis trict, office of sheriff, civil service, retirement and pension rights, homestead exemptions, courts, office of clerk, office of ordinary, and existing municipal corporations. Provided further, that the foregoing limitations relating to courts shall not be construed se as to apply to the Recorder's Court of DeKalb County.
DeKalb County is hereby authorized to expend funds from sources other than property taxation for the expenses of legal and other services necessary or desirable in compiling information and preparing legislation to implement this amendment.
The powers herein granted:

1. Are remedial and shall be liberally construed to effectuate the purpose of providing a more efficient, representative and work able government to meet the needs of urban DeKalb County.

2. May be exercised by the General Assembly notwithstand ing any other provisions of this Constitution or of law.

3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may determine.

4. Are cumulative of all other powers now held by the Gen eral Assembly and are not in lieu thereof."

SATURDAY, FEBRUARY 21, 1970

1729

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to create the City and County
NO ( ) of DeKalb as a successor government to the chairman and board of commissioners of roads and revenues of DeKalb County, to establish the governing authority thereof and to prescribe the organization, powers, duties and responsibilities thereof, and all other mat ters relative thereto?"

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 County and Urban Affairs offered the following substitute:
A RESOLUTION
Proposing a constitutional amendment so as to authorize the Gen eral Assembly to provide by local act for the creation of a local gov ernment to be known as the "City-County of DeKalb" which shall be a successor government to the government of DeKalb County and au thorizing all matters relative thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VII of the Constitu tion is hereby amended by adding at the end thereof the following:
"Any other provisions of this Constitution to the contrary not withstanding the General Assembly is hereby authorized to create by local act a successor government to the existing government of DeKalb County to be designated the 'City-County of DeKalb',

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JOURNAL OF THE SENATE,

which shall be a political subdivision of the State and a body cor porate and politic embracing the existing territorial limits of De Kalb County.
Said local act shall provide for a governing authority which shall be composed of (i) a Mayor and (ii) a Council composed of not less than six members, each of whom shall be designated a Councilman.
The said act shall provide for the establishment of not less than four geographic districts known as Council Districts which together shall include the entire area of DeKalb County and which shall be as nearly equal in population as practicable. The limits of such districts shall be delineated in said act. Said act shall provide for the reapportionment of such districts within two years following each Federal decennial census.

Said act shall provide (i) that the Mayor be elected by vote of the electors of the entire city and county, (ii) that not less than two Councilmen be elected by vote of the electors of the entire citycounty and not less than four Councilmen be elected by vote of only the electors of the respective Council Districts from which they offer as candidates, (iii) that the Council shall have and exer cise legislative powers only, and (iv) the Mayor shall be the pre siding officer of the Council and a member thereof with the right to vote on all questions.

Within the foregoing limitations, the General Assembly is hereby authorized to provide the terms of office, qualifications, manner of election, compensation, method of removal, powers and duties and the method of exercising same, of the Mayor and Coun cil, and to provide for all other matters necessary or incidental to the creation of said governing authority and the exercise of its functions.

The General Assembly is specifically authorized to provide that said governing authority shall be vested with all, or any portion, of the powers formerly vested in the chairman and the board of commissioners of roads and revenues of DeKalb County by this Constitution and by local and general act, and with such powers and authority as may be hereafter granted to counties generally.

Notwithstanding any other provision of this Constitution and of any statute, the General Assembly is authorized to provide that said governing authority shall be vested with all, or any portion, of the powers which the General Assembly is otherwise authorized to confer on municipal corporations of this State.

The General Assembly is authorized to provide, or to grant to said governing authority the power to provide, for the following:

(1) The creation or continuation of such public authorities, special districts, boards, bureaus, offices, commissions and positions of public employment of DeKalb County as may be necessary or

SATURDAY, FEBRUARY 21, 1970

1731

desirable to the functions of said local government, and all matters relative thereto, including provisions for the delegation of ad ministrative functions by the governing authority;

(2) The abolishment of any existing public authorities, special districts, departments, boards, bureaus, offices, commissons and positions of public employment of DeKalb County, subject to the limitations hereinafter provided, either with or without a referen dum;

(3) The creation of special taxing districts whereby taxes shall be assessed, levied, and collected by said governing authority in accordance with the kind, character, type and degree of services provided by said government within such respective taxing dis tricts; and the rate and manner of taxation may vary in any one district from that in another or other districts; and the powers, duties, liabilities and functions of said governing authority may vary from district to district;

(4) The assumption by said local government of all outstand ing bonded indebtedness and all other obligations of DeKalb County, and a method or methods whereby said governing authority shall assume the payment of said obligations of DeKalb County;

(5) The transfer of all assets of whatever kind or nature, real and personal, of DeKalb County to said local government, in cluding taxes accrued or payable, contracts, choses in action and franchises.

The General Assembly shall provide for said local government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropriations and matching funds now or hereafter applicable to counties of the State of Georgia under the Constitu tion and laws of the State of Georgia, or other laws or under any present or future State or Federal programs. In addition, the General Assembly shall provide for said local government to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants in aid, funds, loans, aid, appro priations and matching funds now or hereafter applicable to mu nicipal corporations of the State of Georgia under the Constitu tion and laws of the State of Georgia, or other laws or under any present or future State or Federal programs, provided that where the amount of any such is computed on the basis of population, area or road mileage such local government's amount shall be computed on the population, area or road mileage located within the area of DeKalb County, exclusive of the population, area or road mileage included within any municipal corporate limits on the date of ratification of this amendment.

Nothing contained herein shall be construed so as to au thorize the General Assembly or the said governing authority in pursuance of this amendment to:

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JOURNAL OF THE SENATE,

(1) Abolish or alter the status of the Board of Education of DeKalb County or the DeKalb County School System;

(2) Abolish or alter the status of the courts or the office of the Clerk of Court of DeKalb County;

(3) Abolish or alter the status of the office of Sheriff;

(4) Abolish or alter the status of the office of Ordinary;

(5) Impair or diminish any civil service, pension or retirement rights existing at the time of ratification of this amendment;

(6) Impair or diminish any homestead or other exemption from taxation now or hereafter specified in this Constitution;

(7) Affect the status, jurisdiction or powers of any municipal corporation existing in DeKalb County at the time of ratification of this amendment; and, specifically, the General Assembly shall provide that the powers and authority granted to the said local government, other than county-wide powers and authority possessed by the chairman and board of commissioners of roads and revenues of DeKalb County at the time of ratification of this amendment, shall be exercised only in the unincorporated area of DeKalb County as it exists at the time of ratification of this amendment, except where any such powers or authority may be exercised under con tract or agreement with the governing authority of such other mu nicipal corporation.

Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising any legislative power which existed prior to the adoption of this amendment with respect to the board of education, school district, office of sheriff, civil service, retirement and pension rights, home stead exemptions, courts, office of clerk, office of ordinary, and existing municipal corporations. Provided further, that the fore going limitations relating to courts shall not be construed so as to apply to the Recorder's Court of DeKalb County.

DeKalb County is hereby authorized to expend funds from sources other than property taxation for the expenses of legal and other services necessary or desirable in compiling information and preparing legislation to implement this amendment.

The powers herein granted:

1. Are remedial and shall be liberally construed to effectuate the purpose of providing a more efficient, representative and work able government to meet the needs of urban DeKalb County.

2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.

SATURDAY, FEBRUARY 21, 1970

1733

3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may de termine.

4. Are cumulative of all other powers now held by the Gen eral Assembly and are not in lieu thereof."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to create the City-County of
NO ( ) DeKalb as a successor government to the chairman and board of commissioners of roads and revenues of DeKalb County, to establish the governing authority thereof and to prescribe the organization, powers, duties and responsibilities thereof, and all other mat ters relative thereto?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

On the adoption of the substitute, the ayes were 54, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

The resolution, proposing an amendment to the Constitution, a roll call was ordered, and the vote was as follows:

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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 McGill
Noble Padgett Fatten Pennington Plunkett Reeder

Reynolds 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 54, nays 0.

The resolution, having received the requisite two-thirds constitutional ma jority, was adopted by substitute.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 1738. By Messrs. Snow and Crowe of the 1st: A bill to amend Code Section 34-805, relating to special elections for members of the General Assembly to provide that in case of any vacancy occurring during the 1970 session of the General Assembly there shall be held a special election to fill any such vacancy if the Governor issues a writ of election therefor; and for other purposes.
Senator Abney of the 53rd offered the following amendment:
Amend HB 1738 by inserting in the title after "Section 34-805," the following:
"as amended."

SATURDAY, FEBRUARY 21, 1970

1735

By inserting in the title before "to repeal conflicting laws", the fol lowing :

"to provide that if a vacancy occurs while the General Assembly is in session it shall be necessary to have only one poll open in each county involved;"

By inserting in line 10 after "Section 34-805," the following:

"as amended".

By inserting at the end of Code Section 34-805, the following:

"If a vacancy occurs while the General Assembly is in session, and the Governor elects to issue a writ, it shall only be necessary to have one poll open in each county involved, which shall be at the county seat, if only one candidate has qualified for the vacant seat."

On the adoption of the amendment, the ayes were 30, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.
HB 1603. By Mr. Barber of the 15th: A bill to identify and define a school bus. A school bus shall be a ve hicle designed for the purpose of transporting children to and from school and shall comply with all National Standards and State Standards; and for other purposes.
The Committee on Educational Matters offered the following amendment:
Amend HB 1603 by striking subsection (f) of Section 1 and insert ing a new subsection in lieu thereof to read as follows:
"(f) School bus. Every motor vehicle constructed for the spe* cific purpose of transporting children to and from public schools and operated for the transportation of children to public schools in public or privately owned and operated vehicles for compensa-

1736

JOURNAL OF THE SENATE,

tion for the transportation of children to or from public schools, provided such motor vehicle has complied with all requirements of Section 89 of this Act, as said Section may now or hereafter exist."

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 31, 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 consider ing a House substitute thereto:

SB 347. By Senator Kidd of the 25th:
A bill to amend an Act providing for the issuance of automobile tags to disabled veterans, as amended, so as to provide for the issuance of license tags to certain other veterans; to provide an effective date; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act providing for the issuance of automobile tags to disabled veterans, approved February 27, 1956 (Ga. Laws 1956, p.'336), as amended, particularly by an Act approved April 9, 1968 (Ga. Laws 1968, p. 1211) so as to provide for the issuance of license tags to certain other veterans; to provide for the issuance of such license tags for pickup trucks, station wagons and van type ve hicles of three-quarter tons or less; to provide an effective date; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing for the issuance of automobile tags to disabled veterans, approved February 27, 1956 (Ga. Laws 1956, p. 336), as amended, particularly by an Act approved April 9, 1968 (Ga.

SATURDAY, FEBRUARY 21, 1970

1737

Laws 1968, p. 1211), 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. (a) Effective as applied to the license tags for the year 1971, any veteran who was discharged under other than dishonorable conditions, and who serve on active duty of the
armed forces of the United States or on active duty in a reserve component of the United States including the National Guard, dur ing wartime or during the period beginning January 31, 1955 and ending on a date to be determined by Presidential proclamation or by a concurrent resolution of the Congress declaring cessation of the Vietnam Era, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for:

(1) Loss or permanent loss of use of one or both feet;

(2) Loss or permanent loss of use of one or both hands;

(3) Loss of sight in one or both eyes;

(4) Permanent impairing of vision of both eyes of the fol lowing status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the periph eral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye.

(b) Any veteran so disabled, upon application therefor, will be provided State automobile license tags free of charge upon pre sentation by said veteran of proof that he is receiving or that he is entitled to receive the aforesaid statutory award. Once said veteran has established his eligibility for said free tags, he shall be entitled to them in succeeding years, on any automobile, private passenger pickup truck, station wagon or van type vehicle of threequarter tons or less he may acquire in the future. Two tags each year shall be furnished under the provisions of this Act unless the originals are lost. Said tags shall be fastened to both the front and rear of the vehicle."

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 substi tute to SB 347.

On the motion, the ayes were 29, nays 0; the motion prevailed, and the House substitute to SB 347 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

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JOURNAL OP THE SENATE,

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; and for other purposes.

The House amendment was as follows:
Amend SB 222 by adding at the end of Section 2 the following:
(a) Each Insurer shall participate in the writings, expenses, profits and losses of the Association in the following manner:
(1) for Habitational risks, the same proportion as its Habitational Premiums Written bear to the aggregate Habitational Premiums Written by all Insurers in the Program;
(2) for Commercial risks, the same proportion as its Com mercial Premiums Written bear to the aggregate Commercial Premiums Written by all Insurers in the Program.

Senator Holloway of the 12th moved that the Senate disagree to the House amendment to SB 222.

On the motion, the ayes were 30, nays 1; the motion prevailed, and the House amendment to SB 222 was disagreed to.

The following resolution of the Senate, favorably reported by the committee, was put upon its passage:

SR 324. By Senators Smith of the 34th, Pennington of the 45th, Gillis of the 20th and others:
A resolution placing the Senate on record as being against certain or ganizations using State educational facilities; 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.

SATURDAY, FEBRUARY 21, 1970

1739

The following resolutions of the House were read and adopted:

HR 1012. By Messrs. Smith of the 43rd, Dickinson of the 118th and many others:
A resolution expressing the deepest and sincerest regrets for the passing of the Honorable Dave Wegerek, political reporter and news com mentator for WAGA-TV; and for other purposes.

HR 1011. By Messrs. Matthews of the 16th, Smith of the 43rd, Brooks of the 17th and others:
A resolution commending the Honorable Daniel B. "Brack" Blalock; and for other purposes.

The following resolution of the House was taken up for the purpose of con sidering a House amendment to the Senate substitute:

HR 624. By Messrs. Parrar of the 77th and Barber of the 15th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the increase of the benefits of persons who have retired or who retire in the future under the provisions of law relative to the Teachers' Retirement System of Georgia or the Employees' Retirement System of Georgia; and for other purposes.

The House amendment to the Senate substitute was as follows:
Amend by adding in Section 1, line 9 after the word "law" the following words, "to which the General Assembly appropriates funds."

Senator Webb of the llth moved that the Senate agree to the House amend ment to the Senate substitute to HR 624.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendment to the Senate substitute to HR 624 was agreed to.

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

HB 45. By Messrs. Matthews of the 63rd, Black of the 45th, Collins of the 62nd and others:
A bill to amend the "Georgia Fertilizer Act of 1960" to provide for certain inspection of fertilizer and requirements; and for other pur poses.

1740

JOURNAL OF THE SENATE,

The Conference Committee report was as follows:

Mr. President:

Mr. Speaker:

Your Conference Committee on HB 45 has met and recommends the following:

That the House recede from its position and that the Senate Substi tute to HB 45 be adopted with the following amendment:

By inserting in line 12 of page 34, between the word "for" and the word "complete", the following:

"basic slag blends which contain not less than 15% plant food or".

Respectfully submitted,
FOR THE SENATE:
/s/ Brooks Pennington Senator, 45th District
/s/ Frank C. Vann Senator, 10th District
/s/ Roscoe E. Dean, Jr. Senator, 6th District
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Marcus Collins Representative, 62nd District
/s/ Henry L. Reaves Representative, 71st District
/s/ Sidney Lowrey Representative, 9th District

Senator Pennington of the 45th moved that the Senate adopt the Conference Committee report on HB 45.
On the motion, the ayes were 31, nays 0; the motion prevailed, and the Con ference Committee report on HB 45 was adopted.
The following bill of the Senate was taken up for the purpose of con sidering a House substitute thereto:

SATURDAY, FEBRUARY 21, 1970

1741

SB 525. By Senator Spinks of the 9th:
A bill to create the agency of State government to be known as the Georgia Agrirama; to provide that the agency shall be under the direc tion of the Governor; to provide for a three member board of advisors; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled An Act to create a new facility under the Board of Regents as an adjunct of the Coastal Plains Experiment Station to be known as the Georgia Agrirama; to provide for a Georgia Agrirama Board of Governors; to provide for the powers and duties of the Georgia Agrirama Board of Governors; to provide for the employment of a director and other personnel; to provide for the acceptance and expenditure of funds; to provide for making and executing contracts and other instruments; 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. There is hereby created and established a new facility under the Board of Regents and as an adjunct of the Coastal Plains Experiment Station to be known as the "Georgia Agrirama".
Section 2. The Georgia Agrirama shall be under the control and supervision of a fourteen member Georgia Agrirama Board of Gov ernors composed as follows:
1. Dean and Coordinator of College of Agriculture.
2. Commissioner of Agriculture.
3. President, Georgia Farm Bureau Federation.
4. Chairman, Senate Agriculture Committee.
5. Chairman, House Agriculture Committee.
6. Director of Tourism of Industry and Trade.
7. Architect in charge of project.
8. Director, Coastal Plains Planning Commission.
9. Director, Coastal Plains Experiment Station.
10. Senator from 9th Senatorial District.
11. President, Ag Alumni Association.
12. Secretary-Treasurer, Ag Alumni Association.
13. Executive Secretary, Historical Commission.
14. State Supervisor of Vocational Agriculture.

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JOURNAL OF THE SENATE,

Section 3. The Georgia Agrirama Board of Governors shall have the following powers:

(a) to elect a chairman and such other officers, from its membership, as it deems necessary or desirable; (b) to adopt by laws for the conduct of the affairs of said Board; (c) to receive and administer gifts, grants and devises of any property and to administer trusts; (d) to acquire by purchase or gift any real or personal property desired to be acquired as part of any project; (e) to appoint a director and such other employees as the Board deems necessary and provide their compensation and duties; (f) to construct, acquire, own, repair, remodel, maintain, extend, im prove and equip projects, and to pay all or part of the cost of any such project from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the agency is authorized to receive and accept and use.

Section 4. The Georgia Agrirama Board of Governors shall be authorized to delegate to the director such of its powers and duties as it deems necessary and desirable, including the power to make and execute contracts and other instruments necessary to exercise the powers of the facility.

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Spinks of the 9th moved that the Senate agree to the House substi tute to SB 525.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the House substitute to SB 525 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 495. By Senator London of the 50th:
A bill to amend an Act creating a new charter for the City of Young Harris, as amended, so as to change the date of elections in said city; and for other purposes.

The House amendment was as follows:
Amend SB 495 by striking the word "Saturday" where it appears in the first sentence of quoted Section 5 of Section 1 and inserting in lieu thereof the word "Tuesday".

SATURDAY, FEBRUARY 21, 1970

1743

Senator London of the 50th moved that the Senate agree to the House amend ment to SB 495.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House amendment to SB 495 was agreed to.

The following resolutions of the House, favorably reported by the com mittees, were read the third time, and put upon their passage:

HR 807. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution providing for the per diem compensation and allowances to certain members of the Constitution Revision Commission created by resolution of the General Assembly; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Patton Pennington Plunkett Reeder Reynolds

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.

1744

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 55, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 553. By Mrs. Merritt of the 46th:
A resolution compensating Dr. James W. Smith; and for other pur poses.

The Committee on Appropriations offered the following amendment:
Amend HR 553 by striking in the last paragraph the words "$500.00" and inserting in lieu thereof "$200.00".

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 adoption of the resolution as amended, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Noble Padgett Fatten Pennington Plunkett
Reeder

Reynolds Rowan Scott Searcey Smalley Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

SATURDAY, FEBRUARY 21, 1970

1745

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 as amended.

HR 566. By Mr. Cooper of the llth:
A resolution to compensate Wilmont McRae Greene, Jr.; and for other purposes.

The Committee on Appropriations offered the following amendment:
Amend HR 566 by changing the figure on page 1, line 32 from $4987.87" to $2,500.00".

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

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
Noble Padgett Patton Pennington Plunkett
Reeder

Reynolds Rowan Scott Searcey Smalley Smith of 34th
Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young
IT.!.-Zi:p.p._er:e.r;;,;':

By unanimous consent, verification of the roll call was dispensed with.

1746

JOURNAL OF THE SENATE,

On the adoption of the resolution, the ayes were 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following resolution of the Senate was taken up for the purpose of con sidering a House substitute thereto:

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.

The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the manner in which bills and resolutions are approved or vetoed by the Governor and to change the procedure for overriding bills and resolu tions vetoed by the Governor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section I, Paragraph XV of the Constitution is hereby amended by striking Paragraph XV in its entirety and inserting 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 to veto the same within ten days, excluding Sundays, from the date any such bill or resolution is transmitted to him unless the General Assembly adjourns sine die or adjourns for more than forty days, excluding Sundays, prior to the expiration of said ten days. During the sessions of the Gen eral Assembly no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or his designee or upon order of a majority of the members of the House wherein such bill originated. During the interim between adjournment of the General Assembly and the reconvening of the General Assembly, in the event the General Assembly adjourns

SATURDAY, FEBRUARY 21, 1970

1747

without adjourning sine die or adjourns for a period of forty days or less, excluding Sundays, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Gov ernor or his designee or upon order of a majority of the house wherein such bill originated.

(b) In the case of such adjournment sine die, or adjournment for more than forty days, excluding Sundays, prior to the expiration of said ten days from the date of passage of a bill or resolution, the same shall become law if approved or not vetoed by the Gov ernor within thirty days, excluding Sundays, 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 four days, excluding Sundays, from the date of veto if the Gen eral Assembly is in session and within forty days, excluding Sun days, from the date of adjournment sine die, or adjournment for more than forty days, excluding Sundays, of the General Assembly if adjourned prior to the expiration of said forty 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 fortieth day, excluding Sundays, after adjournment sine die, or adjournment for more than forty days, excluding Sun days, upon the joint call of the President of the Senate and the Speaker of the House of Representatives for the purpose of con sidering any bills and resolutions vetoed by the Governor and transmitted to the proper presiding officer after adjournment sine die. If the presiding officers of the Senate and House of Representatives elect not to convene the General Assembly for the purpose of considering any bills and resolutions vetoed by the governor and transmitted to the proper presiding officer after ad journment sine die or adjournment for more than forty days, ex cluding Sundays, such vetoed bills and resolutions shall be con sidered within the first ten days of the following session of the Gen eral 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 purpose 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 purpose of overriding such veto. Upon the vote to override the veto by twothirds of the members elected to such other house, such bill or resolu tion 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.

1748

JOURNAL OF THE SENATE,

(f) The Governor may approve any appropriation and veto any other appropriation in the same bill and any appropriation ve toed shall not become law unless such veto is overridden in the manner herein provided.

(g) The Governor shall not have the power to veto any pro posal by the General Assembly to provide a new Constitution or to amend this Constitution.

(h) The General Assembly shall provide by law for the de termination 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, 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 manner in which bills and resolutions are approved or
NO ( ) vetoed by the Governor and to change the 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 Kidd of the 25th moved that the Senate agree to the House substi tute to SR 43.

On the motion, the substitute involving 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 Brown of 47th Carter Chapman

Coggin Cox Dean Doss Eldridge Fincher of 54th Gillis Hensley

Hill Holley Holloway Hudgins Kennedy Kidd London McGill

SATURDAY, FEBRUARY 21, 1970

1749

Miller Noble Padgett Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley Smith of 34th Starr Trippe

Tysinger Vann Walling Ward Webb Young Zipperer

Those voting in the negative were Senators:

Broun of 46th

Garrard

Stephens

By unanimous consent, verification of the roll call was dispensed with.

On the motion, the ayes were 45, nays 3; the motion prevailed, and the House substitute to SR 43 was agreed to.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 1224. By Mr. Games of the 104th:
A bill to amend an Act providing for a pension and retirement system for the officers and employees of certain cities, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 122S. By Mr. Games of the 104th:
A bill to amend an Act providing for pensions for members of police departments of cities having a population of 150,000 or more, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

1750

JOURNAL OP THE SENATE,

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1225. By Mr. Carnes of the 104th:
A bill to amend an Act approved August 13,1924, so as to change certain of the provisions relating to the eligibility of persons receiving benefits under such Act to be re-employed or re-appointed to any position in the government of such city; and so as to eliminate the restriction upon officers or employees receiving pensions when contracted with as an independent contractor to perform a special or particular service; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 29, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following fiscal letter, as required by law, was read by the Secretary:

Department of Audits Atlanta
February 20, 1970

MEMORANDUM
To: Honorable Julian Webb, Chairman Senate Retirement Committee
From: E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer
Re: Fiscal Note--House Bills 1223, 1224 and 1225

Attached you will find copy of correspondence from Mr. Charles L. Davis, which we feel you will find self-explanatory.

EBD/dd Attch.

/&/ E. B. Davis, State Auditor
/s/ W. C. Hawthorne Deputy State Budget Officer

SATURDAY, FEBRUARY 21, 1970

1751

City of Atlanta Department of Finance, Division of Pensions
Atlanta, Georgia 30303 February 6,1970

Mr. Ernest Davis State Auditor State Office Building Atlanta, Georgia 30303

Dear Mr. Davis:
Subject: House Bill Nos. 1223, 1224, 1225. Employment of Retired Persons
House Bills Nos. 1223, 1224 and 1225 would, if enacted, provide that retired persons receiving pensions from either the City of Atlanta General Employees, Firemen's or Policemen's Pension Funds would be able to work on a contractual basis to perform a special or particular service and, at the same time, continue to receive a pension. During the performance of this service no additional pension benefits would accrue.

This bill would not create any additional cost for the City of At lanta. Actually, it would benefit all departments by allowing them to fill positions that would otherwise remain vacant for an extended period of time and therefore adversely affect City services. All provisions are in agreement with the Charter of the City of Atlanta.

We feel that these bills would enable the City to better serve her citizens.
Sincerely,
/s/ Charles L. Davis Secretary
CLD:DME:by cc. Mr. Dan Sweat
Fulton & DeKalb County House and Senate Delegations
O & L Committee Finance Committee Board of Trustees
General Employees Pension Fund Firemen Pension Fund Policemen Pension Fund

HB 1327. By Messrs. Fallin and Bostick of the 63rd:
A bill to authorize certain counties in this State to establish and main tain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties; and for other purposes.

1752

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 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1226. By Mr. Barber of the 15th:
A bill 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.

The following fiscal letter, as required by law, was read by the Secretary:

Department of Audits Atlanta
February 20, 1970

MEMORANDUM
To: Honorable Julian Webb, Chairman Senate Retirement Committee
From: E. B. Davis, State Auditor W. C. Hawthorne, Deputy State Budget Officer
Re: Fiscal Note--House Bill 1226

Section 1 and Section 2 were submitted to the consulting actuaries of the Teachers' Retirement System and the actuary stated that no increased contributions would be required by these two Sections.

Section 3 and Section 4 of this Bill which would reduce the age of retirement from 63 to 62 would increase the employer rate of con tribution by .25% of the payroll. Total estimated payroll of $417,600,000.00 times the .25% would equal to an estimate of $1,044,000.00 per year.

It is, therefore, concluded that the total estimated cost of this Bill in its present form would amount to $1,044,000.00 per year.

EBD/dd

/s/ E. B. Davis, State Auditor
/s/ W. C. Hawthorne, Deputy State Budget Officer

SATURDAY, FEBRUARY 21, 1970

1753

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 34, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1416. By Messrs. Smith of the 3rd, Adams of the 100th and Carnes of the 104th:
A bill to amend an Act entitled "An Act to provide for the registration and regulation of cemeteries," so as to provide that the asset of the trust funds required to be established may be invested subject to the terms and restrictions imposed by the laws of the State of Georgia upon 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.

On the passage of the bill, the Chair 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 Fincher of 54th Garrard Gillis

Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett

Reynolds Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

1754

JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HE 712. By Messrs. Parker, Lane, and Nessmith of the 44th: A resolution compensating Mr. John W. Hurst; 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 54th Garrard Gillis
Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley 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 52, nays 0.

SATURDAY, FEBRUAEY 21, 1970

1755

The resolution, having received the requisite constitutional majority, was adopted.

HE 721. By Mr. Grahl of the 40th: A resolution compensating Mr. Levi E. 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 54th Garrard Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley 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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 701. By Mr. Toles of the 9th:
A resolution compensating Mrs. Hazel Thompson Whitaker; and for other purposes.

1756

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 54th Garrard Gillis
Hardy

Hensley
Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley 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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 696. By Mr. Smith of the 43rd:
A resolution compensating Mr. B. F. Ogburn and Rev. Inman Gerald; 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:

SATURDAY, FEBRUARY 21, 1970

1757

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 54th Garrard Gillis
Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley 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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 691. By Mr. Westlake of the 75th:
A resolution compensating Mr. William C. Vonier; 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 54th

1758
Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London

JOURNAL OF THE SENATE,

McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds Rowan Scott Searcey Smalley 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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 676. By Mr. Colwell of the 5th: A resolution compensating Mr. V. E. Sisk; 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 54th
Garrard Gillis Hardy Hensley Hill Holley Holloway Hudgins Jackson

Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

SATURDAY, FEBRUARY 21, 1970

1759

Rowan Scott Searcey Smalley 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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 675. By Mr. Colwell of the 5th: A resolution compensating Mr. James W. Fields; 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 54th
Garrard
Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington
Plunkett Reeder
Reynolds

Rowan Scott Searcey Smalley Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

1760

JOURNAL OF THE SENATE,

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.

HR 673. By Mr. Hargrett of the 58th: A resolution compensating Mr. James West; 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 54th Garrard Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley
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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

SATURDAY, FEBRUARY 21, 1970

1761

HR 578. By Mrs. Merritt of the 46th: A resolution compensating Mr. John B. Merritt; 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 46tb. Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 54th Garrard Gillis
Hardy

Hensley Hill Holley Holloway Hudgins Jackson
Johnson Kennedy
Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley 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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 302. By Messrs. Harrington and Chandler of the 34th: A resolution compensating Dr. J. J. Word; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

1762

JOURNAL OF THE SENATE,

The resolution involving an appropriation, a roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman
Broun of 46th Brown of 47th Carter Chapman Coggin Cox Dean Doss Eldridge Fincher of 54th Garrard Gillis Hardy

Hensley Hill Holley Holloway Hudgins
Jackson Johnson Kennedy Kidd London McGill Noble Padgett Patton Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley 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 52, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A bill to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver's licenses, so as to provide for the examination of all holders of drivers' licenses for visual acuity and knowledge of the rules of the road every four years after January 1, 1970; and for other purposes.

Senator Pennington of the 45th offered the following amendment:
Amend HB 349 by adding the following sentence at the end of quoted Section 5A of Section 1:

SATURDAY, FEBRUARY 21, 1970

1763

"The applicant may furnish the certificate of a licensed physician or optometrist certifying the visual acuity of each eye of the applicant, which certificate shall be dated within 12 months of the date of renewal, and if such acuity is within the minimum requirements prescribed by the Director, such certificate may be accepted by the Director in lieu of his own examination, but this shall not prevent the Director from examining the applicant him self if he doubts that the applicant meets minimum standards of visual acuity."

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, 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.

HB 1493. By Mr. Conner of the 56th:
A bill to amend Title 56 of the Code of Georgia, relating to insurance, so as to provide that the Commissioner may establish rules and regu lations with regard to a reasonable waiting period for re-examination of applicants for licenses as agents and counselors for life, accident and sickness insurance; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1484. By Mr. Matthews of the 16th:
A bill to amend Code Chapter 9-4, relating to the regulation of the practice of law, so as to provide that staff instructors may also par ticipate in an approved legal aid program; and for other purposes.

1764

JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1228. By Messrs. Evans, Scarborough, Dodson and Knapp of the 81st and Miller of the 83rd:
A bill to amend Code Section 49-701, relating to the distribution and custody of certain funds for minors and insane persons who have no guardian, so as to provide the executors and administrators may pay over to the ordinaries moneys belonging to missing heirs; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1696. By Mr. Busbee of the 61st:
A bill to amend an Act entitled the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that if the sole use of property purchased under a certificate is the transportation of persons for hire while holding it for sale, the purchaser may elect to include in gross receipts the transportation charges; and for other purposes.

The report 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 1576. By Mr. Lee of the 61st:
A bill to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide that substantial compliance with the forms for

SATURDAY, FEBRUARY 21, 1970

1765

affidavits made or warrants issued for the arrest of offenders against the penal laws of this State shall, in all cases, be sufficient; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1476. By Messrs. Chandler of the 34th and Lambert of the 25th:
A bill to amend an Act known as the "Georgia Securities Act", so as to change the provisions relating to the filing of a bond prior to the registration of securities for sale; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 32, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1496. By Mr. Wamble of the 69th:
A bill to provide that the Revenue Commissioner shall be authorized to grant permits to licensed, wholesale, tobacco dealers; to allow tobacco tax stamps to be obtained on account; and for other purposes.

The report 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 1012. By Mr. Farmer of the 16th:
A bill to update and modernize mortality tables in use in permanent injury and wrongful death cases in this State; and for other purposes.

1766

JOURNAL OP THE SENATE,

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1453. By Mr. Conner of the 56th:
A bill to amend Code Title 56, relating to insurance, so as to provide for the regulation of insurance holding company systems; to define the term "insurance holding company systems"; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 33, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 177. By Messrs. Colwell of the 5th, Felton of the 95th, Moore of the 6th, Barber of the 15th:
A bill to amend Code Section 32-510 relating to the compensation of the State Superintendent of Schools, so as to change said compensation; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 41, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1701. By Mr. Jones of the 84th:
A bill to repeal Code Section 66-202, relating to parents binding out minor children; to repeal conflicting laws; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1767

The report 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 1353. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Chapter 79A-9, known as the Georgia Drug Abuse Control Act, so as to provide the manufacture, processing, distribution, obtaining or possession of Lysergic Acid Diethylamide shall be a felony and be punished by a fine of not more than $2,000 and by imprisonment in the penitentiary for not less than two nor more than five 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 31, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1352. By Messrs. Fallin and Bostick of the 63rd:
A bill to amend Code Section 79A-9910, prescribing punishment for any person obtaining or attempting to obtain any dangerous drug or drug regulated by Chapters 79A-7, 79A-8, or 19A-9, so as to delete all references to Chapters 79A-8 and 79A-9, thus permitting punish ment for violations of said Chapters to be governed by Code Sections 79A-9911 and 79A-9915; and for other purposes.

The report 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.

1768

JOURNAL OF THE SENATE,

HB 1509. By Mr. Scarlett of the 67th:
A bill to amend an Act creating a Department of Public Safety, so as to authorize the members of the Uniform Division of the Department of Public Safety to make arrests, serve and execute warrants, and enforce in general the criminal laws of this State on property owned by the State or its departments, bureaus, commissions, or authorities; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 39, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1207. By Mr. Busbee of the 61st:
A bill to amend Code Section 24-2612, relating to the expenses of as signed Judges, so as to provide for reimbursing judges of the superior court for expenses incurred while holding court in a judicial circuit other than the circuit in which such judges normally hold court; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 867. By Messrs. Cooper of the llth and Wheeler of the 18th:
A bill to provide for the organization, jurisdiction, venue, practice and procedure of certain courts which are below the Superior Court level; and for other purposes.

The report 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.

SATURDAY, FEBRUARY 21, 1970

1769

HB 1464. By Mr. Longino of the 98th:
A bill to amend Code Section 13-405, relating to the fees to cover the cost of examinations of banks, so as to increase the fees in order to support the cost of operating the Department of Banking; and for other purposes.

The report 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 1735. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as "An Act to provide for license and excise taxes upon the business of dealing in malt beverages"; to allocate funds derived from such taxes; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1657. By Messrs. Hawes, Cook, Felton and Horton of the 95th and others: A bill to amend an Act creating the Civil Court of Atlanta, so as to provide for the pleadings and rules of practice procedure in certain cases; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, the ayes were 29, nays 0.
The bill, having received the requisite constitutional majority, was passed.

1770

JOURNAL OF THE SENATE,

HB 1363. By Messrs. Odom and Lee of the 61st, Nunn of the 41st, Moore of the 6th and others:
A bill to create a division of the Department of Law to be known as the Georgia Bureau of Investigation; to state a legislative intent; and for other purposes.

The Committee on Economy, Reorganization and Efficiency in Government offered the following amendment:
Amend HB 1363 (1.) by inserting in the caption in line 5 on page 2, just after the phrase "Prevention and Investigation" and just before the phrase "to provide an effective date'', the following language:
"so as to authorize the Governor to appoint three employees who shall be designated as the Governor's Special Georgia Bureau of Investigation Agents, and who shall possess and exercise the same authority and duties as those employees employed by the Attorney General; to provide that said employees appointed by the Governor shall be paid salaries, expenses and all other remunera tions from funds appropriated to the Executive Department; to provide that the Governor shall control, direct and supervise the activities of said employees."
(2). To add a new section between lines 22 and 23 of page 6 of said Act, to be numbered Section 21 and to read as follows:
"Section 21. The Governor shall be authorized to appoint three employees to be designated as Georgia Bureau of Investigation Agents for such periods of time as he deems advisable to serve the Governor as the Governor's Special Georgia Bureau of In vestigation Agents with the same powers, duties and authorities of other such agents referred to in this Act. The salaries, expenses and all other remunerations of the said agents or employees ap pointed by the Governor shall be paid from funds appropriated to or otherwise made available to the Executive Department."
3. By renumbering the present Sections 21 and 22 as Sections 22 and 23, respectively.

On the adoption of the amendment, the ayes were 0, nays 35, and the amendment was lost.

Senator Kidd of the 25th offered the following substitute:
A BILL
To be entitled an Act to create as a separate department of State government an agency to be known as the Georgia Bureau of

SATURDAY, FEBRUARY 21, 1970

1771

Investigation; to state a legislative intendment; to provide for the supervision of said Bureau; to provide for the employment of per sons to carry out the duties of said Bureau; to define the duties and authority of said Bureau; to provide for assistance to local officials; to define the powers of the members of said Bureau; to provide for the secrecy of data within the possession of said Bureau; to provide for the purchase of equipment to operate said Bureau; to require the sub mission of reports to said Bureau; to provide for the transfer of equip ment from The Bureau of Investigation, Detection, Prevention and Investigation to the Department of Law; to abolish the Bureau of In vestigation, Detection, Prevention and Investigation; to amend an Act approved March 19, 1937 (Ga. Laws 1937, pp. 322, 340), as amended, particularly by an Act approved March 27, 1941 (Ga. Laws 1941, pp. 277, 278), an Act approved February 3, 1943 (Ga. Laws 1943, pp. 196, 201), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 995), creating and defining the duties of the Bureau of Investigation, Detec tion, Prevention and Investigation; to repeal an Act approved February 25, 1949 (Ga. Laws 1949, pp. 1177, 1178), and an Act approved March 13, 1957 (Ga. Laws 1957, pp. 647, 648) providing for the employment of agents of the Georgia Bureau of Investigation and members of the staff of the State Crime Laboratory; to repeal an Act approved March 24, 1966 (Ga. Laws 1966, pp. 733, 734) providing for the submission of certain data to the Department of Public Safety, Bureau of Investiga tion; to provide for the employment by the Department of Public Safety of individuals employed by the abolished Bureau of Investigation, De tection, Prevention and Investigation; to provide an effective date; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. As the means for committing criminal acts and for avoiding detection become more sophisticated, including the planning and execution of criminal activities which may simultaneously involve trans actions in a multiplicity of jurisdictions, it has become increasingly apparent that the safety, security, and well being of the citizens of this State require a positive response from this body as an aid to the assault upon organized crime, crimes involving several jurisdictions, and criminal activities in general. It is the purpose of this Act to provide an effective and efficient tool to combat the increasing level of criminal activity throughout the State.

Section 2. There is hereby created and established, as a separate department of State government the Georgia Bureau of Investigation. The Governor shall appoint a Director of said department and the Di rector shall control, direct, and supervise the activities of said Bureau. The Director shall serve at the pleasure of the Governor.

Section 3. The Director is authorized to employ such persons as he shall deem necessary for the operation of the Georgia Bureau of In vestigation. Individuals employed by the Bureau of Investigation, De tection, Prevention and Investigation of the Department of Public Safety who elect to transfer to the Georgia Bureau of Investigation, as a separate department of State government, shall retain their employ-

1772

JOUKNAL OF THE SENATE,

ment status under the State Merit System. All other employees assigned to the Georgia Bureau of Investigation shall be employed for such periods of time as deemed advisable by the Director. The Director shall prescribe uniform terms and conditions of employment of employees assigned to the Georgia Bureau of Investigation. The Director shall prescribe and determine the compensation of employees assigned to the Georgia Bureau of Investigation.

Section 4. The Georgia Bureau of Investigation is authorized to initiate and conduct investigations for the purpose of identifying per sons involved, or suspected of being involved, in the commission of criminal offenses.

Section 5. The judges of the superior courts, the district attorneys, and sheriffs, and the chiefs of police are authorized to request the serv ices of the Georgia Bureau of Investigation for the purpose of identifying persons involved, or suspected of being involved, in the commission of criminal offenses. Upon the receipt of such requests, the Director may provide for such investigative services as he shall deem appropriate.

Section 6. The Georgia Bureau of Investigation shall take, re ceive, and forward fingerprints, photographs, descriptions, and meas urements of persons in cooperation with the criminal investigation bu reaus and departments of other states and of the United States.

Section 7. The Georgia Bureau of Investigation shall exchange in formation relating to crime and criminals with the criminal investiga tion bureaus and departments of other states and of the United States and shall keep permanent files and records of such information pro cured or received.

Section 8. The members of the Georgia Bureau of Investigation are peace officers and are hereby vested with the authority to make arrests and to serve and execute warrants.

Section 9. Information received or developed by the Georgia Bureau of Investigation and all records, documents, or writings received or pre pared by the Georgia Bureau of Investigation are confidential and may be disclosed only under the following circumstances: (1) to a grand jury investigating the commission of a crime, (2) in court upon the trial of a criminal case, or (3) to another law enforcement officer when, in the discretion of the Director, such disclosure is appropriate.

Section 10. The Georgia Bureau of Investigation is authorized to purchase such equipment, devices, apparatus, and services as shall be necessary for the discharge of the duties of the Bureau. The investi gative staff and the head of the Georgia Bureau of Investigation shall be furnished, for the discharge of their duties, passenger carrying motor vehicles by the State.

Section 11. It shall be the duty of all sheriffs, chiefs of police and the heads of any other law enforcement agencies to obtain the finger prints and descriptions of all persons convicted of felonies within their

SATURDAY, FEBRUARY 21, 1970

1773

respective jurisdictions and to transmit such fingerprints and descrip tions to the Georgia Bureau of Investigation. If a particular law en forcement agency has photographic equipment, a photograph of the convicted person shall also be forwarded to the Georgia Bureau of In vestigation.

Section 12. It shall be the duty of every law enforcement officer who receives a report based upon reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost, to report the theft or loss to the Georgia Bureau of In vestigation immediately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plates. Such report shall be made by reporting such loss or theft to the nearest office of the Georgia Bureau of Investigation. Any such officer, upon receiving information of the recovery of any motor vehicle or li cense plate which has previously been reported as stolen or lost, shall, immediately after receiving such information, report the recovery of such motor vehicle or plates to the Georgia Bureau of Investigation.

Section 13. Law enforcement officers required to submit data to the Georgia Bureau of Investigation shall make such submissions in the manner prescribed by the Director.

Section 14. Upon the effective date of this Act, all equipment, devices, and apparatus, including passenger carrying motor vehicles, utilized by the Bureau of Investigation, Detection, Prevention and In vestigation shall be and the same are hereby transferred to the Georgia Bureau of Investigation.

Section 15. The Bureau of Investigation, Detection, Prevention and Investigation, as a part of the Department of Public Safety, is hereby abolished.

Section 16. The first, second, and third unnumbered paragraphs of Section 1 of Article III of an Act approved March 19, 1937 (Ga. Laws 1937, pp. 322, 340), as amended, particularly by an Act approved March 27, 1941 (Ga. Laws 1941, pp. 277, 278), an Act approved Febru ary 3, 1943 (Ga. Laws 1943, pp. 196, 201), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 995), creating and defining the duties of the Bureau of Investigation, Detection, Prevention and Investigation, are hereby stricken in their entirety.

Section 17. An Act approved February 25, 1949 (Ga. Laws 1949, pp. 1177, 1178) and an Act approved March 13, 1957 (Ga. Laws 1957, pp. 647, 648) providing for the employment of agents of the Geor gia Bureau of Investigation and members of the staff of the State Crime Laboratory are hereby repealed in their entirety.

Section 18. An Act to provide for the submission of certain in formation to the Department of Public Safety, Bureau of Investiga tion and to provide that certain persons shall be required to furnish such information, approved March 24, 1966 (Ga. Laws 1966, pp. 733, 734) is hereby repealed in its entirety.

1774

JOURNAL OF THE SENATE,

Section 19. Individuals employed by the Bureau of Investigation, Detection, Prevention and Investigation may elect to remain as employees of the Department of Public Safety, and upon such election, shall con tinue as employees of the Department of Public Safety.

Section 20. This Act shall become effective July 1, 1971.
Section 21. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Andrews of the 49th offered the following amendment to the substi tute:
Amend by inserting on line 22 page 2 between the word "depart ment" and the word "and" the following words: "said appointment be ing subject to confirmation by the Senate"

On the adoption of the amendment, the ayes were 38, nays 0, and the amend ment to the substitute was adopted.

On the adoption of the substitute as amended, Senator Holloway of the 12th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Andrews Brown of 47th Carter Cox Fincher of 51st Fincher of 54th

Gillis Hudgins Johnson Kennedy Kidd London McGill Padgett

Pennington Reeder Reynolds Scott Spinks Stephens Young

Those voting in the negative were Senators:

Adams of 26th
Bateman Broun of 46th Chapman Dean Doss Eldridge Garrard Hensley Hill

Holloway Jackson Miller Noble Patton Plunkett Rowan Searcey Smalley Smith of 18th

Smith of 34th Starr Trippe Tysinger Vann Walling Ward Webb Zipperer

The roll call was verified.

SATURDAY, FEBRUARY 21, 1970

1775

On the adoption of the substitute, as amended, the ayes were 23, nays 29, and the substitute 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, Senator Holloway of the 12th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Chapman Dean Eldridge Garrard Hensley

Hill Holley Holloway Jackson Miller Noble Patton Pennington Plunkett Searcey

Smith of 18th Smith of 34th Starr Trippe Tysinger Vann Walling Ward Webb Zipperer

Those voting in the negative were Senators:

Abney Adams of 5th Carter Cox Doss Fincher of 51st Fincher of 54th Gillis

Hudgins Johnson Kennedy Kidd London McGill Padgett Reeder

Reynolds Rowan Scott Smalley Spinks Stephens Young

The roll call was verified.
On the passage of the bill, the ayes were 30, nays 23.
The bill, having received the requisite constitutional majority, was passed.
The following resolutions of the House, favorably reported by the committees, were read the third time, and put upon their passage:

1776

JOUKNAL OF THE SENATE,

HR 868. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A resolution adding a new member to the Criminal Law Study Com mittee; to provide compensation for Honorable Reid Merritt, District Attorney, Gwinnett Judicial Circuit; and for other purposes.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, the ayes were 29, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HE 637. By Mr. Sorrells of the 24th: A resolution designating the District Attorneys Association of Georgia as the appropriate State agency for the purpose of receiving grants and donations; 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 873. By Mr. Clarke of the 33rd: A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the Superior Court of Butts County; and for other purposes.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, the ayes were 33, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.

SATURDAY, FEBRUARY 21, 1970

1777

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 489. By Senator Holley of the 22nd:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations, common carrier systems; and for other purposes.

The House insists on its position in amending the following bill of the Senate, to-wit:

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; and for other purposes.

The House insists on its position in amending, and has appointed a Com mittee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate, to-wit:

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment oper ated upon the public roads of this State shall be required to display certain warning devices; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof:

Messrs. Williams of the llth, Harrington of the 34th and Higginbotham of the 75th.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

1778

JOURNAL OF THE SENATE,

SB 489. By Senator Holley of the 22nd:
A bill to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corporations managing or operating radio common carrier systems; and for other purposes.

The House amendment was as follows:
Amend Section 2(a) (4) of the bill by inserting after the word "operated" appearing in line 3 on page 2, the words "under license by the Federal Communications Commission as a miscellaneous common carrier in the domestic public land mobile radio service,"
Amend Section 2 (a) (3) by deleting from line 28 on page 1 of the bill, the words "land line."
Amend Subsection (e) of Section 2 of the bill by deleting the said subsection and inserting in lieu thereof the following:
"(e) The Commission shall not grant a certificate for a pro posed radio common carrier operation, or extension thereof into an established service area, which will be in competition with, or dupli cation of the service of, any other radio common carrier or any telephone or telegraph company (except mobile radio telephone service as now provided for under the Rules and Regulations of the Federal Communications Commission) unless the Commission shall first determine that the existing certificated radio common carrier or telephone or telegraph company is unwilling or unable to meet the reasonable needs of the public and that the person operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reasonably adequate service."

Senator Holley of the 22nd moved that the Senate agree to the House amendment to SB 489.
On the motion, the ayes were 43, nays 0; the motion prevailed, and the House amendment to SB 489 was agreed to.
The following bill of the Senate was taken up for the purpose of consider ing House action thereto:
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; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1779

Senator Holloway of the 12th moved that the Senate adhere to its dis agreement to the House amendment to SB 222, and that a Conference Committee be appointed.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 222.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Vann of the 10th, Starr of the 44th and Searcey of the 2nd.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th: A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.
Senator Smith of the 18th moved that the Senate adhere to the Senate amendment to HB 214, and that a Conference Committee be appointed.
On the motion, the ayes were 39, nays 0; the motion prevailed, and the Senate amendment to HB 214 was adhered to.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Smith of the 18th, Webb of the llth and Holloway of the 12th.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has appointed a Committee of Conference on the part of the House to confer with a like Committee on the part of the Senate on the following bill of the Senate, to-wit:

1780

JOURNAL OF THE SENATE,

SB 222. By Senator Holloway of the 12th:
A bill relating to the establishment of a FAIR Plan to make essential property insurance available to all qualified applicants; and for other purposes.

The Speaker appointed on the part of the House the following members thereof:

Messrs. Conner of the 56th, Ware of the 30th and Leonard of the 3rd.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

SB 482. By Senators Chapman of the 32nd and Rowan of the 8th:
A bill to provide for the necessary consent for the treatment of minors for venereal disease; to provide for the necessary consent for the treatment of minors for drug abuse; to provide a certain definition; and for other purposes.

The House amendment was as follows:
Amend SB 482 by adding in line 21 of page 1 after the word "be" the following:
"provided, however, that any such treatment shall involve pro cedures and therapy related to conditions or illness arising out of the venereal disease or drug abuse which gave rise to the consent authorized under the Act."

Senator Chapman of the 32nd moved that the Senate agree to the House amendment to SB 482.

On the motion, the ayes were 31, nays 0; the motion prevailed, and the House amendment to SB 482 was agreed to.

At the direction of the President, Senator Gillis of the 20th, President Pro Tempore, assumed the Chair.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

SATURDAY, FEBRUARY 21, 1970

1781

HB 1194. By Messrs. Hadaway of the 27th, Edwards of the 45th, Matthews of the 63rd and others:
A bill to amend an Act entitled "Georgia Public Assistance Act of 1965", so as to change the method of financing the cost of administra tion and the cost of assistance programs; and for other purposes.

The Committee on Appropriations offered the following amendment:
Amend HB 1194 by changing Section 4 to Section 5 and inserting a new Section 4 to read:
"The effective date of this Act shall be July 1, 1971."

On the adoption of the amendment, the ayes were 33, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, Senator Pennington of the 45th 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 Broun of 46th Brown of 47th Carter Chapman
Coggin Cox Dean Doss Eldridge Fincher of 51st

Fincher of 54th Hardy Hensley Hill Holloway
Kennedy Kidd London McGill Noble Pennington Reynolds

Rowan Scott Searcey Spmks Starr Stephens Trippe Vann Walling Webb Young Zipperer

Those voting in the negative were Senators:

Andrews Bateman Garrard

Patton Plunkett Smalley

Tysinger

1782

JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 36, nays 7.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 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; and for other purposes.

The House substitute was as follows:
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 dis charge from employment by reason of garnishment; to amend Chapter 46-4 of the Georgia Code so as to add a new Code Section to be num bered "46-409" relating to the bill of costs in garnishment proceeding; 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 judg ment against defendant in certain cases; to amend Code Section 46-208, relating to exemptions of wages from the process of garnishment, as amended, particularly by an Act approved March 25, 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, relating 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; and to amend Chapter 46-8 of the Georgia Code so as to strike Section 46-806; 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 ap proved March 25, 1958 (Ga. Laws 1958, p. 335), is hereby amended by

SATURDAY, FEBRUARY 21, 1970

1783

striking said Code Section in its entirety and by inserting in lieu thereof 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 deduc tion from those earnings of the amounts required by law to be withheld.

(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 per cent 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 prescribed 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. Code Section 46-406, as amended, relating to judgment against defendant and to default judgment against a garnishee on failure 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:

"46-406. Judgment Against Defendant. Default Judgment Against Garnishee On Failure To Answer. 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 amount of such judgment as may have been obtained against the defendant, which judgment may be enforced against the garnishee, not withstanding a bond to dissolve the garnishment may have been filed by the defendant; and upon such judgment being entered, judgment may be had for the amount thereof against the defendant and the sureties on the bond given to dissolve the garnishment; provided, however, on motion not later than one year from the date any judgment so obtained is recorded on the General Execution Docket, garnishee or sureties or both may have the judgment against them modified so that the amount of the judgment shall be changed to 125% of the amount by which garnishee was indebted to defendant from the time of service of summons 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

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JOURNAL OF THE SENATE,

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 defendant by law; provided, however, the amount of the judgment shall not be reduced below an amount equal to 15% of the principal amount of the judgment against the defendant; provided, further, that on the trial of the motion, the burden of proof shall be upon the movent.
(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.
(c) All applications for garnishments shall include a paragraph informing the garnishee that failure to answer may result in a default judgment against the employer-garnishee."
Section 3. 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 Proceeding. The bill of costs in garnishment proceedings shall never exceed one-fifth (1/5) of the indebtedness which is the subject of the garnishment proceeding. In all cases, however, the person, firm or corporation causing summons of garnishment to issue shall deposit 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."
Section 4. 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 Employee. Where a Plaintiff obtains a default judgment and seeks to enforce the judgment by garnishment of the wages or salary of any employee who has not had prior actual notice of the default judgment, a court may, upon proof of excusable neglect with respect to the default of answer to the complaint and within fifteen (15) days of the date of service of summons of garnishment upon a garnishee, vacate any judgment of garnishment and the judgment on which the garnishment was based, provided, how ever, that the employee shall pay the court costs incurred under the judgment and garnishment and the motion to vacate is filed within two (2) years of the date of the default judgment."

Section 5. 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 amount as may be recovered in the pending suit."

"In case of failure so to answer, the justice of the peace shall enter a default judgment against the garnishee for such amount, including

SATURDAY, FEBRUARY 21, 1970

1785

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.",

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 default 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 prescribed in Section 8-504."

Section 5A. Chapter 46-8 of the Georgia Code is hereby amended by striking Section 46-805 in its entirety.

Section 6. Chapter 46-2 of the Georgia Code is hereby amended by adding a new Code Section 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 for any one indebtedness. Any person violating the provision of this section shall, upon conviction, be punished as for a misdemeanor."
Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Webb of the llth moved that the Senate agree to the House substi tute to SB 14.

On the motion, the ayes were 32, nays 0, and the House substitute to SB 14 was agreed to.

The following bills of the House, favorably reported by the committee, were read the third time, and put upon their passage:

HB 1651. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to prevent discrimination on account of race, creed, color or na tional origin in connection with the education of the children of the State of Georgia; to make provisions relative to the assignment and attendance of students; 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 Johnson of the 38th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Coggin Cox Dean Doss Eldridge Fincher of 51sfc Garrard Hardy Hensley

Hill Holley Holloway Hudgins Jackson Kennedy Kidd London McGill Miller Noble Padgett Patton Pennington Plunkett Reeder

Reynolds Rowan Scott Smalley Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Webb Young Zipperer

Those voting in the negative were Senators Johnson and Searcey.

By unanimouo consent, verification of the roll call was dispensed with. On the passage of the bill, the ayes were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed.

Senator Ward, who was necessarily off the floor of the Senate during the roll call vote on HB 1651, asked unanimous consent that the journal show he would have voted "Nay" on the roll call on HB 1651 if he had been on the floor of the Senate.

The consent was granted.

HB 1359. By Messrs. Bennett of the 71st, Jones of the 50th, Paris of the 14th and others:
A bill to provide for an Assistant District Attorney in each Judicial Circuit having more than one Superior Court judge; to provide for his appointment, qualifications, authority and duties; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1787

The Committee on Judiciary offered the following amendment:

Amend HB 1359 by striking in the caption the figure "$10,000.00"

and inserting in lieu thereof the figure "$12,500.00"

By striking in Section 1 the figure "$10,000.00"

and inserting in lieu thereof the figure "$12,500.00"

By inserting a period in subsection (b) of Section 1 after the phrase "subsection (a)" and by deleting the phrase "in such amount and manner as is agreed upon by the district attorney and the governing authorities of the counties involved."

By inserting a period in Section 2 after the phrase "in the private practice of law" and by deleting the phrase "as provided for in Code Section 24-2927 relating to District Attorneys, provided that this section as to private practice of law shall apply to Assistant District Attorneys compensated from county funds only."

On the adoption of the amendment, the ayes were 35, nays 3, and the amend ment was adopted.

Senator Dean of the 6th offered the following amendment:
Amend HB 1359 by striking from the Title the phrase:
"in excess of one"
and inserting in lieu thereof the phrase:
"in excess of one with the approval of the governing authorities of all of the counties comprising the judicial circuit".
By striking from the first sentence of subsection (a) of Section 1 the phrase:
"in excess of one"
and inserting in lieu thereof the phrase:
"in excess of one with the approval of the governing authorities of all of the counties comprising the judicial circuit".

On the adoption of the amendment, the ayes were 33, nays 0, and the amend ment was adopted.

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JOURNAL OF THE SENATE,

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, the ayes were 30, nays 12.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

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; and for other purposes.

The House amendments were as follows:
Amend SB 74 by striking the following language on page 2: "Filing and docketing suits: complaints or motions in any Counties with a pop ulation of 100,000 or more, according to the latest United States Decen nial Census or any future such census $3.00. Filing and docketing suits: complaints or motions in any Counties with a population of less than 100,000 according to the latest United States Decennial Census or any future census $4.50" and inserting in lieu thereof: "Filing and docket ing suits: complaints or motions ,,._.._---..--_.._______.____________________$3.00"
Further by striking the following language on page three: "Record ing 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 mort gages and deeds in counties with a population of less than 100,000, ac cording to the latest United States Decennial census or any future such census, per page $2.00" and by inserting in lieu thereof: "Record ing liens and mortgages and deeds per page --.-,,.____.,,,,..........._.,,_.$2.00"
Amend SB 74 by striking in Sec. 14, page 13 the words "Public Welfare" and inserting in lieu thereof the word "Health".

Senator Smalley of the 28th moved that the Senate agree to the House amendments to SB 74.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendments to SB 74 were agreed to.

SATURDAY, FEBRUARY 21, 1970

1789

The President resumed the Chair.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 217. By Senator Johnson of the 38th:
A bill to amend Chapter 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; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, so as to require the payment of a fee of One ($1.00) Dollar 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 fifty (50!) cents of each fee of One ($1.00) Dollar collected; to provide that such funds shall be turned in to the County Treasury on a monthly basis to be made a part of the general funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act relating to motor vehicle licenses, approved December 24, 1937 (Ga. Laws 1937-38, Ex. Sess., p. 259), as amended, is hereby amended by striking the first paragraph of subsection (19) of Section 4 in its entirety and inserting in lieu thereof a new first paragraph of subsection (19) of Section 4, to read as follows:
"(19) The annual fees paid for the licensing of the operation of the said vehicle or vehicles, and the licenses and tags issued therefor, shall be transferable from one person to another, upon payment of a fee of One ($1.00) Dollar for the said transfer, and upon preparation and filing of an appropriate application therefor. The local Tax Commissioners shall retain fifty (50^) cents of each One ($1.00) Dollar collected as a fee for the transfer of a motor vehicle license and tag. Such fees and commissions shall be turned in to the County Treasury on a monthly basis to be made a part of the general funds."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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JOURNAL OF THE SENATE,

Senator Johnson of the 38th moved that the Senate agree to the House substitute to SB 217.

On ths motion, the ayes were 40, nays 0; the motion prevailed, and the House substitute to SB 217 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

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 fifty cents for each application handled in all counties of the State of Georgia; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act entitled "Motor Vehicle Certificate of Title Act", approved March 3, 1961 (Ga. Laws 1961, pp. 68, 82), so as to authorize county tag agents to retain a fee of fifty cents for each application handled in all counties of the State of Geor gia; to provide that county tag agents shall remit such fees to the county fiscal authority monthly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act entitled "Motor Vehicle Certificate of Title Act", approved March 3, 1961 (Ga. Laws 1961, pp. 82), is hereby amended by adding at the end of Section 18 a new subparagraph, to be designated subparagraph (e), to read as follows:
"(e) Provided, however, the fee to be retained shall be fifty cents for each application handled in counties of the State of Georgia, On or before the tenth day of each month the tag agents shall turn over to the fiscal authority of their respective counties all fees retained by them during the preceding month. At the time of each such monthly payment to the county fiscal authority, said tag agents shall furnish the governing authority of the county a detailed, itemized statement under oath of all such funds received during the preceding month and paid to the county fiscal authority."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

SATURDAY, FEBRUARY 21, 1970

1791

Senator Johnson of the 38th moved that the Senate agree to the House substitute to SB 218.

On the motion, the ayes were 36, nays 0; the motion prevailed, and the House substitute to SB 218 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:
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.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act relating to the sale of motor vehicle license plates in the various counties, approved March 19, 1955 (Ga. Laws 1955, p. 659), as amended, so as to increase the fee of the tag agent; to provide for the disposition of a portion of the increased fees; 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 sale of motor vehicle license plates in the various counties, approved March 19, 1955 (Ga. Laws 1955, p. 659), as amended, is hereby amended by striking in its entirety sub section (b) of Section 3, and substituting in lieu thereof the following:
"(b). The amount of commission permitted as compensation to such agents under this Act shall be fifty cents (50<5) per license plate issued during any calendar year. Twenty-five cents (25$) for each tag sold in excess of 4,000 during any one calendar year shall become the property of the county and shall be turned over to the fiscal authorities of the county by the tag agent. The remaining portion of such commissions shall be disposed of as hereinafter provided."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Johnson of the 38th moved that the Senate agree to the House sub stitute to SB 219.

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JOURNAL OF THE SENATE,

On the motion, the ayes were 37, nays 0; the motion prevailed, and the House substitute to SB 219 was agreed to.

The following resolution of the House was taken up for the purpose of con sidering a House substitute to the Senate amendment:

HE 843. By Messrs. Sweat and Dixon of the 65th:
A resolution proposing an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County, and to provide that the governing authority of Ware County shall establish and maintain a county police force; and for other purposes.
The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution, so as to restore the law enforcement powers to the sheriff of Ware County and to provide that if the sheriff shall fail to perform his powers, duties and respon sibilities as required by law, the governing authority of Ware County may withdraw the sheriff's law enforcement powers and vest them in the Ware County Police Force; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by striking therefrom the following paragraph:
"Effective January 1, 1969, the powers, duties and responsibil ities of the sheriff of Ware County, as they relate to the enforce ment of the criminal laws of the United States, this State and any political subdivision thereof, shall devolve upon and be exercised by a county police force which shall be established by the governing authority of Ware County pursuant to the provisions of Code Chapter 23-14 for the purposes of enforcing such laws and exercis ing and discharging all of the powers, duties and responsibilities formerly vested in the sheriff of Ware County insofar as his criminal law enforcement responsibilities and duties are concerned. The sheriff of Ware County shall continue to discharge all of the powers, duties and responsibilities of his office as they pertain to the Superior Court of Ware County and the City Court of Waycross, as well as his powers, duties and responsibilities as jailor of the Ware County Jail.",
and substituting in lieu thereof the following paragraph:
"If the sheriff of Ware County shall fail to perform his powers, duties and responsibilities as required by law, the governing au-

SATURDAY, FEBRUARY 21, 1970

1793

thority of Ware County may withdraw from the sheriff his powers, duties and responsibilities, or any portion thereof, as they relate to the enforcement of the criminal laws of the United States, this State and any political subdivision thereof, and provide that such powers, duties and responsibilities shall devolve upon and shall be exercised by the Ware County Police Force. The governing authority of Ware County shall establish and maintain a county police force."

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 restore the law enforcement powers to the sheriff of Ware County and to provide that if the sheriff shall fail
NO ( ) to perform his powers, duties and responsibilities as required by law, the governing authority of Ware County may withdraw the sheriff's law enforcement powers and vest them in the Ware County Police Force?"

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.

Senator Eldridge of the 7th moved that the Senate agree to the House sub stitute to the Senate amendment to HR 843.

On the motion to agree to the House substitute to the Senate amendment 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 54th Garrard Gillis Hardy

Hensley Hill Holley Holloway Hudgins Jackson Johnson Kennedy London

1794
McGill Miller Noble Padgett Patton Pennington Plunkett Reeder Reynolds

JOURNAL OF THE SENATE,

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 motion, the ayes were 52, nays 0; the motion prevailed, and the House substitute to the Senate amendment to HR 843 was agreed to.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 1043. By Mr. Gaynor of the 88th: A bill to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum permissible rate of interest contained in said Code Section shall apply; and for other purposes.
Senator Coggin of the 35th offered the following amendment:
Amend HB 1043 by inserting in line 5 of the first page and im mediately after the semi-colon following the phrase "shall apply" the following language: "to provide that amounts paid by persons other than the borrower shall not be considered interest;"
By changing the period at the end of line 30 on the first page to a semi-colon, and adding after such semi-colon the following language: "and provided further that amounts paid to, or contracted to be paid to, the lender by persons other than the borrower shall not be considered interest and shall not be taken into account in the calculation of inter est."
On the adoption of the amendment, the ayes were 34, nays 3, and the amend ment was adopted.
Senator Doss of the 52nd offered the following amendment:
Amend HB 1043 by inserting in line 5 of the first page and im mediately after the semi-colon following the phrase "shall apply" the

SATURDAY, FEBRUARY 21, 1970

1795

following language: "to provide that the legal maximum rate shall be 9 % % per annum where the security is or includes real property or an interest therein;"

By striking the figure and phrase "9%" on line 19 of the first page and inserting in lieu thereof the figure and phrase "9%".

On the adoption of the amendment, the ayes were 13, nays 30, and the amend ment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, the ayes were 33, nays 12.
The bill, having received the requisite constitutional majority, was passed as amended.
HB 1323. By Messrs. Wamble of the 69th, Keyton of the 70th and Snow of the 1st: A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales to the United States of America, the State of Georgia, or any county or municipality of this State; and for other purposes.
The Committee on Banking and Finances offered the following substitute:
A BILL
To be entitled an Act to amend the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, pp. 153, 156), so as to clarify the exemption relating to sales to the United States of America, the State of Georgia, or any county or municipality of this State; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The "Georgia Retailers' and Consumers' Sales and Use Tax Act", approved February 20, 1951 (Ga. L. 1951, p. 360), as amended, particularly by an Act approved March 1, 1960 (Ga. L. 1960, pp. 153, 156), is hereby amended by striking Section 3(c) 2(d) in its entirety and substituting in lieu thereof the following:

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"(d) Sales to the Federal Government, the State of Georgia, any county or municipality of the State of Georgia, or any bona fide department of such government when paid for directly to the seller by warrant on appropriated government funds; provided that any hospital authority created by Chapter 88-18 of the Code of Georgia is exempt from said tax."

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 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, the ayes were 35, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 659. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th: A bill to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to increase the amount of bonds which the au thority may issue; and for other purposes.
Senator Coggin of the 35th offered the following amendment:
Amend HB 659 by striking the words and figures "Sixteen million ($16,000,000.00) dollars" wherein same appears in lines 15, 21, 23 and 24 on page 1, and in lieu thereof adding the words and figures "Twenty million ($20,000,000.00) dollars".
On the adoption of the amendment, the ayes were 30, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, the ayes were 30, nays 7.

SATURDAY, FEBRUARY 21, 1970

1797

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

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 the new laws relating thereto; and for other purposes.
The House amendments were as follows:
Amend SB 72 by striking from the title thereof, on the llth line of page 3, the following: "statement or".
By striking from said title beginning on the 7th line of page 5, the following:
"and a list of the persons who constituted the grand jury which returned the indictment".
By striking from the title on the 15th line of page 5, the word "separately", and by inserting in lieu thereof the following: "jointly unless one requests otherwise".
By inserting in said title after the following: "motion,", found on the 10th line of page 6, the following:
"the obligation of the defendant to furnish notice of his in tention to offer the defenses of alibi or insanity under certain cir cumstances,".
By inserting in the title after the word "announcement" found on the second line on page 7, the following:
"except in certain circumstances".
By inserting in the title in the 12th line of page 7 after the semi colon, the following:
"Chapter 27-16, appeals by the State, providing for appeals by the State in certain instances, certiorari, the effect of appeals and certiorari on demands for trial;".
By inserting in the title after the word "misdemeanor" found on the 20th line of page 7, the following:

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JOURNAL OP THE SENATE,

", the punishment for a misdemeanor of a high and aggravated nature,".

By striking from Code Section 27-105 the words "or delay".

By striking Code Section 27-506 in its entirety and by inserting in lieu thereof a new Code Section 27-506 to read as follows:

"27-506. FORM OF AFFIDAVIT.

An affidavit substantially complying with the following form is sufficient:

GEORGIA,----------__----.___-.-COUNTY.

Personally came----.----._-__--_________________,who on oath says that, to the best of his knowledge and belief,_._--_______. _____________did, on the..____-day of___--__--_____. in the year_____.____, in the County of____________________________.___, commit the crime of (insert here information describing the occur rence as required by Code Section 27-505) and his deponent makes this affidavit that a warrant may issue for his arrest.
Sworn to and subscribed before me, this the___________-day of -.,19 __.
(Title of official issuing warrant)".

By striking in its entirety Code Section 27-507 and inserting in lieu thereof a new Code Section 27-507 which shall read as follows:

"27-507. CONTENTS OF WARRANT.

A warrant for arrest shall:

(a) Be in writing;

(b) Contain the name of the affiant;

(c) As nearly as practicable contain the name of the person to be arrested, or if his name is unknown, any name or description by which he can be identified;

(d) Set forth substantially the approximate date and the nature of the crime (describe the occurrence) ;

(e) State the date when issued and the county or municipality where issued;

(f) Be signed by the judicial officer with the title of his office; and

SATURDAY, FEBRUARY 21, 1970

1799

(g) Command that the person named be arrested and brought before a judicial officer in the county where the crime was alleged to have been committed."

By striking Code Section 27-508 in its entirety and inserting in lieu thereof a new Code Section 27-508 which shall read as follows:

"27-508. FORM OF WARRANT FOR ARREST.

A warrant substantially complying with the following form is sufficient:

Georgia,--....__________________----_______ County

To any peace officer in said State--Greeting:

_----------------------_.______..__ .makes oath before me that on the...-------.day of------_,,___------,,, in the year 19__.__, in the County of_------____--_----------------------.did commit the crime of (insert here information describing the occurrence as re quired by Code Section 27-507), You are therefore commanded to arrest the body of the said accused, and take him before a judicial officer in the county where the crime was alleged to have been commited, to be dealt with as the law directs. Herein fail not.
(title of official issuing warrant)"

By inserting at the end of Code Section 27-509, the following new sentence:
"As soon as practicable, a copy of the warrant shall be delivered to the arrested person.".
By inserting in subsection (b) of Code Section 27-513 after the following:
"by a peace officer without a warrant", the following:
"having been issued".

By striking in its entirety Code Section 27-514 and by inserting in lieu thereof a new Code Section 27-514 which shall read as follows:
"27-514. DUTIES OF PEACE OFFICER 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 except (1) when the arrest occurs on a Saturday or Sunday an additional 24 hours shall be allowed for taking the arrested person before the appropriate magistrate; and (2) when the arrest occurs

1800

JOURNAL OP THE SENATE,

more than 50 miles from the county where the crime was alleged to have been committed an additional 24 hours shall be allowed before taking the arrested person before the appropriate magistrate; and (3) when the arrest occurs on a Saturday or Sunday and more than 50 miles from the county where the crime was alleged to have been committed, an additional 48 hours shall be allowed before tak ing the arrested person before the appropriate magistrate. The arresting officer shall enter upon the warrant, the time, date and place of the arrest."

By inserting at the end of Code Section 27-516, the following:

"Provided, however, when a warrant has been issued and is in the possession of the peace officer, he shall exhibit the same before
forcibly entering said building when he has been requested by an occupant to exhibit said warrant.".

By inserting in subsection (c) of Code Section 27-518 after the following: "Set forth the", the following: "date and".

By striking the 2nd sentence of subsection (f) of Code Section 27-518 and inserting in lieu thereof the following:

"A copy of the summons and affidavit must be personally
served upon the person summoned and a certificate of such service entered on the original summons.".

By striking subparagraphs (3) and (4) of subsection (b) of Code Section 27-520 and by inserting in lieu thereof the following:

"(3) set forth the date and nature of the crime;

"(4) be dated and signed by the officer serving the notice; and".

By creating a new Code Section, to be designated as Code Section "27-522", which shall read as follows:

"27-522. NO BOND REQUIRED.

No bond shall be required or accepted when a summons as pro vided in Code Sections 27-518 and 27-519 or a notice to appear as
provided in Code Sections 27-520 and 27-521 are utilized."

By inserting at the end of Code Section 27-604, the following new sentence:

"A search warrant may issue only for a person, dwelling, building, structure, or motor vehicle located within the county in
which the issuing judicial officer holds office; provided, however, any judge of a superior court may issue a warrant to search in any
county.".

SATURDAY, FEBRUARY 21, 1970

1801

By striking from subsection (b) of Code Section 27-608, the fol lowing :

"and the presence of such person or persons therein is unknown to such officer,".

By inserting after the following: "before a magistrate" in subsec tion (a) of Code Section 27-704, the following: "as provided in Code Section 27-514", and by striking the period at the end of subsection (c) in Code Section 27-704 and inserting in lieu thereof the following:

"upon request of counsel."

By inserting at the end of subsection (c) of Code Section 27-704 a new subsection to be designated as subsection (d), which shall read as follows:

(d) The magistrate shall enter upon the warrant, the time, date and place of the accused's appearance before him.".

By inserting between the second and third sentences of Code Sec tion 27-707, the following:

"Notwithstanding the waiver, where the accused is not repre sented by counsel, the magistrate, on his own motion may, or on the demand of the prosecuting attorney shall, cause the witnesses for the State to be examined.".

By striking in its entirety Code Section 27-711 and inserting in lieu thereof a new Code Section 27-711, to read as follows:

"27-711. EVIDENCE AND STATEMENT OR TESTIMONY OF ACCUSED.

The magistrate shall hear all legal evidence submitted by the State or the accused. If the accused wishes to testify and announces in open court his intention to do so, he may testify in his own behalf. If he elects to testify, he shall be sworn as any other witness and may be examined and cross-examined as any other witness, except that no evidence of general bad character or prior convictions shall be admissible unless the accused shall have first put his character in issue. The failure of an accused to testify shall not create a pre sumption against him, and no comment shall be made regarding his failure to testify.".

By striking from Code Section 27-721, the following: "and docketed by him", wherever it shall appear.

By striking in its entirety Code Section 27-806 and by inserting in lieu thereof a new Code Section 27-806, which shall read as follows:

"27-806. SURRENDER INTO CUSTODY OF PRINCIPAL.

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JOURNAL OF THE SENATE,

Whenever the surety on a criminal bond surrenders the prin cipal into custody, he shall return to the principal the sum paid for signing the bond. In the event of a forfeiture of the bond, the surety may surrender the principal into custody without returning the sum paid for signing the bond.".

By striking from Code Section 27-905 the word "county" and by inserting in lieu thereof the word "count".

By inserting in Code Section 27-1301 the words "on demand" after the word "defendant" and before the word "with".

By inserting the word "and" at the end of subsection (1) and by striking in its entirety subsection (2) and by renumbering subsection (3) as subsection (2).

By striking the word "five" from the second sentence of Code Sec tion 27-1302 and inserting in lieu thereof the word "three".

By striking the word "separately" from Code Section 27-1305 and by inserting in lieu thereof the following:

"jointly except that on demand any one or more of them shall be arraigned separately.".

By striking from Code Section 27-1307, the following:

"other than a crime for which the death penalty may be im posed,".

By striking from subparagraph (1) of subsection (b) of Code Sec tion 27-1401, the following:

"either subsection (a) (1), (a) (2), (a) (3), or (a) (4) of this Section",

and by inserting in lieu thereof the following:

"either subsection (a) (1), (a) (2), (a) (3), (a) (4), or (a) (5) of this Section".

By striking from subparagraph (2) of subsection (b) of Code Sec tion 27-1401, the following: "(a) (5),".

By striking Code Section 27-1404 in its entirety and by inserting in lieu thereof a new Code Section 27-1404 which shall read as follows:

"27-1404. MOTION FOR SEVERANCE.

(a) Jointly indicted defendants, except in capital cases shall be tried jointly; provided, however, when two or more persons

SATURDAY, FEBRUARY 21, 1970

1803

have been charged in the same indictment or accusation, they may be tried separately if they or either of them move to sever, and the judge determines that an injustice will be caused by their joint trial. When two or more persons have been charged in the same indictment or accusation with a capital crime, they shall be tried separately if they or either of them move to sever, unless the State waives the death penalty; in which case the judge may allow sever ance if he determines that an injustice will be caused by their joint trial.

(b) A motion for severance may be made orally or in writing and must be made prior to joining issue. When defendants who have been charged in the same indictment or accusation are tried separately each is competent to testify for or against the others, if the crime is one which requires the joint action and concurrence of two or more persons. The acquittal or conviction of one does not operate as the acquittal or conviction of any of the others not yet tried. The others are subject to trial in the same manner. The State has the same right of severance as that given to defendants who have been jointly indicted or accused."

By striking in its entirety Code Section 27-1405 and by inserting in lieu thereof a new Code Section 27-1405 which shall read as follows:

"27-1405. MOTION TO PRODUCE NAMES OF DEFENSE WITNESSES, QUALIFICATIONS.

(a) Whenever a defendant in a criminal case who has availed himself of any right under Code Section 27-1407 shall propose to offer in his defense evidence to establish an alibi on behalf of the defendant, or of the insanity of such defendant either at the time of alleged offense or at the time of trial, such defendant shall at the time of arraignment or thereafter, but in any event not less than two days before the trial of such cause file and serve upon the prosecuting attorney in such cause a notice in writing of his intention to claim such defense and the names, Post Office ad dresses, residences and places of employment of witnesses to be called in behalf of such defendant to establish such defense known to him at that time. Names of other witnesses with addresses, resi dences and employment, may be filed and served before or during the trial by leave of the Court and upon such conditions as the Court shall determine. In cases of claimed alibi such notice shall include specific information as to the place at which the accused claims to have been at the time of the alleged offense.

(b) In the event of the failure of a defendant to file the writ ten notice prescribed in the preceding Section, the Court may in its discretion exclude evidence offered by such defendant for the pur pose of establishing an alibi or the insanity of such defendant as set forth in the preceding Section."

By striking subsection (a) of Code Section 27-1407 and by inserting a new subsection (a) which shall read as follows:

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JOURNAL OF THE SENATE,

"(a) Upon written motion of defendant made at least five days prior to trial, or at such reasonable later time as the court may permit, the court shall order the State to permit the defendant to inspect, copy and photograph any relevant
(1) Written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody or control of the State, the existence of which is known, or by the exercise of due diligence may become known to the State.

(2) Results or reports of physical or mental examinations of scientific tests or experiments made in connection with the particular case, or copies thereof, within the possession, cus tody, or control of the State, the existence of which is known, or by the exercise of due diligence may become known, to the State's prosecuting attorney.",

and by striking subsections (d), (e) and (f) of Code Section 27-1407 and by inserting in lieu thereof, the following:

"(d) An order of the Court granting relief under this rule shall specify the time, place and manner of making the discovery and inspection permitted and may prescribe such terms and con ditions as are just.

"(e) A party against whom an order has issued under Sec tion 27-1405, or under any provision of this Section, has a con tinuing duty, after compliance with such order, to continue com pliance therewith with respect to statements, confessions, reports, witnesses or materials subsequently obtained or discovered which initially would have been subject to such order and shall promptly notify the other party, or his attorney, and the court, of such state ments, confessions, reports, witnesses or materials subsequently ob tained or discovered. If at any time during the course of the pro ceedings it is brought to the attention of the court that a party has failed to comply with this subsection or with an order issued under Section 27-1405, or any other provisions of this Section, the court may order such party to comply instanter, or grant continuance for such purpose, or prohibit the party from introducing into evi dence the material not disclosed, or enter such other order as it deems just under the circumstances. If the noncompliance relates to a witness called by the State or the defendant whose name did not appear on a list ordered or requested under this Chapter, the court may grant a continuance, prohibit the witness from testi fying, or enter such other order as it deems just under the cir
cumstances.

"(f) Upon a sufficient showing the court may at any time order that discovery or inspection under this Section be denied, restricted or deferred, or make such other order as is appropriate.".

By striking the period at the end of Code Section 27-1413 and inserting in lieu thereof the following:

SATURDAY, FEBRUARY 21, 1970

1805

"; provided, however, if the defendant is not present in court when the case is called for trial, the State may proceed to forfeit his bond without announcing ready for trial.",

and by inserting a new Code Section to be designated as Code Section "27-1414", which shall read as follows:

"27-1414. DISMISSAL OF WARRANT.

If after investigation of the case and before submission to a grand jury, the prosecuting attorney finds there is insufficient evi dence upon which to base a charge against the accused, the prose cuting attorney may, with leave of the court first obtained, dismiss the warrant for lack of sufficient evidence.".

By inserting in Code Section 27-1502 immediately after "if any," in the first sentence, the following: "the prosecuting attorney".

By renumbering Code Sections 27-1503, 27-1504, 27-1505, 27-1506, 27-1507, 27-1508 and 27-1509 as 27-1504 through 27-1510, respectively, and by inserting a new Code Section 27-1503, which shall read as follows:

"27-1503. TESTIMONY OF DEFENDANT.

The defendant in any criminal trial shall be competent, but not compellable, to testify in his own behalf. In the event he shall elect to testify, he shall be sworn as other witnesses and shall be subject to the same rules of examination and cross-examination as apply to other witnesses, except that no evidence of general bad character or prior convictions shall be admissible unless the de fendant shall have first put his character in issue. The failure of a defendant to testify shall not create a presumption against him, and no comment shall be made regarding his failure to testify.".

By striking from what heretofore was Code Section 27-1506 (but is now 27-1507) the following:

"the sentence shall be determined in accordance with the pro visions of Code Section 27-1701.",

and by inserting in lieu thereof the following:

"if the defendant is found guilty of a felony, the jury shall prescribe the sentence to be imposed, as provided by law.".

By striking from what heretofore was Code Section 27-1508 (but is now Code Section 27-1509), the words "or mistrial".

By striking the word "RESERVED" which follows "CHAPTER 27-16.", and by inserting in lieu thereof the following: "APPEALS BY STATE.

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JOURNAL OF THE SENATE,

"27-1601. STATE MAY APPEAL, WHEN.
An appeal may be taken by and on behalf of the State of Geor gia from the superior courts or other courts from which a direct ap peal is authorized to the Court of Appeals of Georgia and the Su preme Court of Georgia in criminal cases in the following instances:

(a) Prom an order, decision or judgment setting aside or dis missing any indictment or information, or any count thereof.

(b) From an order, decision or judgment arresting judgment or conviction upon legal grounds.

(c) From an order, decision or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy.

(d) From an order, decision or judgment sustaining a motion to suppress evidence illegally seized.

"27-1602. CERTIFICATION FOR IMMEDIATE REVIEW.

Other than from an order, decision or judgment sustaining a motion to suppress evidence illegally seized, in any appeal under the provisions of this Act where the order, decision or judgment is not final, it shall be necessary that the trial judge certify within 10 days of entry thereof that such order, decision or judgment is of such importance to the case that an immediate review should be had.

"27-1603. CERTIORARI.

A proceeding by certiorari may be taken by and on behalf of the State of Georgia from one court to another court of this State, where the right of certiorari is provided as a procedure for appeal ing a judgment, in the specified situations set forth in the pre ceding paragraph applying to appeals.

"27-1604. LAWS AND PROVISIONS GOVERNING AP PEALS.

Said appeal by the State, except as provided herein, and said certiorari by the State, when authorized by this Act, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.

"27-1605. DEMAND FOR TRIAL, STAY OF.

In the event a demand for trial has been filed either prior to, concurrent with or subsequent to any motion for relief appealable under Section 1, such demand shall be deemed to have been with drawn; and may not be renewed until after the remittitur of the appellate court is made the judgment of the trial court; and said

SATURDAY, FEBRUARY 21, 1970

1807

demand shall be deemed to commence running from the date of entry of the remittitur as the judgment of the trial court.".

By striking subsections (a) and (b) of Code Section 27-1701 and by inserting in lieu thereof a new subsection (a) which shall read as follows:

"(a) At the conclusion of all felony cases and after argument of counsel and proper charge from the court, the jury shall retire to consider a verdict of guilty or not guilty without any considera tion of punishment. Where the jury returns a verdict of guilty, the court shall resume the trial and conduct a pre-sentence hearing before the jury at which the only issue shall be the determination of punishment to be imposed. In such hearing, subject to the laws of evidence, the jury shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty of the de fendant, or the absence of any such prior criminal convictions and pleas; provided, however, that only such evidence in aggrava tion as the State has made known to the defendant prior to his trial shall be admissible. The jury shall also hear argument by the defendant or his counsel and the prosecuting attorney regarding the punishment to be imposed. Upon the conclusion of the evidence 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 as provided by law. If the jury cannot, within a reasonable time, agree on the punishment, the judge shall impose sentence within the limits of the law; provided, however, that the judge shall in no instance impose the death penalty when the jury cannot agree upon the punishment. If the trial court is reversed on appeal be cause of error only in the pre-sentence hearing, the new trial which may be ordered shall apply only to the issue of punishment.".
By redesignating subsection (c) as subsection (b), and the newly designated subsection (b) shall read as follows:
"(b) A person found guilty of a misdemeanor or a misde meanor of a high and aggravated nature shall have his sentence determined by the judge. In determining such sentence, the judge may consider evidence in extenuation, mitigation, or aggravation of punishment.".
By inserting immediately after subsection (b) of Code Section 271702, the following:
"(c) In all cases where the Supreme Court of this State has affirmed the imposition of the death penalty in a case, the remittitur shall not issue from that court for at least 90 days from the date of the court's decision.".

1808

JOURNAL OF THE SENATE,

By striking Code Section 27-1705 in its entirety and by inserting in lieu thereof a new Code Section 27-1705 which shall read as follows:

"27-1705. MISDEMEANOR PUNISHMENT.
(a) A person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000, or by confinement for a specific term not to exceed 12 months, or by both.
(b) A person convicted of a misdemeanor of a high and aggra vated nature shall be punished by a fine not to exceed $5,000, or by confinement for a specific term not to exceed 12 months, or by both.".
By striking from subsection (b) of Code Section 27-1706 the word "of" which appears in the first line of said subsection and by inserting in lieu thereof the word "or".
By redesignating Code Sections 27-1805 and 27-1806 as Code Sec tions 27-1806 and 27-1807, respectively, and by inserting a new Code Section 27-1805, which shall read as follows:

"27-1805. EXECUTION OF PUNISHMENT FOR MISDE MEANOR OF A HIGH AND AGGRAVATED NATURE.
After pronouncement of the sentence and rendition of the judgment against one convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county pub lic works camp, or such other places as counties may provide for maintenance of county prisoners for a term not to exceed twelve (12) months, either a fine or confinement or both. In all cases of a conviction of a misdemeanor of a high and aggravated nature the sentencing court shall retain jurisdiction to amend, modify, alter, suspend or probate sentences imposed hereunder at any time, but in no instance shall a sentence imposed under this Section be modified in such a manner as to increase the amount of fine or the term of confinement, or to place a county prisoner under the juris diction of the State Board of Corrections. A person sentenced for a misdemeanor of a high and aggravated nature shall be entitled to only four days per month good time allowance.".
By striking from the second line of Section 3, appearing on page 77, the word "of" and by inserting in lieu thereof the word "or".
By striking from Section 4, which appears on page 77, the following:
"1970",

and by inserting in lieu thereof the following: "1971".

SATURDAY, FEBRUARY 21, 1970

1809

Senator Smalley of the 28th moved that the Senate disagree to the House amendments to SB 72.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendments to SB 72 were disagreed to.

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate, to-wit:

SB 426. By Senators Trippe of the 31st and Broun of the 46th:
A bill to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate Investment Board and the Advisory Board; 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 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A bill to provide for the compensation and expenses of the State Audi tor; and for other purposes.

The House insists on its position in amending the following bill of the Senate, to-wit:

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 provide for fair, speedy, and impartial trials; and for other purposes.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State of ficials, employees and appointees of the legislative, executive and ju-

1810

JOURNAL OF THE SENATE,

dicial branches of the State government and to regulate the conduct of said persons; and for other purposes.

Senator Smith of the 18th moved that the Senate insist on its substitute to HB 1155.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the Senate substitute to HB 1155 was insisted upon.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee report thereto:

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; and for other purposes.
The Conference Committee report was as follows:
Mr. President:
Mr. Speaker:
Your Conference Committee on SB 222 has met and submits the fol lowing recommendation and report:
That the Senate recede from its position and that the House amendment to said bill be adopted.
Respectfully submitted,
FOR THE HOUSE: /s/ Jimmy Conner
Representative, 56th District /s/ J. Crawford Ware
Representative, 30th District /s/ Gerald H. Leonard
Representative, 3rd District
FOR THE SENATE: /s/ Frank C. Vann
Senator, 10th District /s/ Terrell A. Starr
Senator, 44th District /s/ William A. Searcey
Senator, 2nd District

SATURDAY, FEBRUARY 21, 1970

1811

Senator Holloway of the 12th moved that the Senate adopt the Conference Committee report on SB 222.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the Con ference Committee report on SB 222 was adopted.

Senator Smith of the 18th moved that the following bill of the House be placed on the Rules Calendar:

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st and others:
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 the provisions for compensating the Di rector of the State Game and Fish Commission; and for other purposes.

On the motion, the ayes were 36, nays 0; the motion prevailed, and HB 1203 was placed on the Rules Calendar.

The following bill of the Senate was taken up for the purpose of considering a Conference Committee report thereto:

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment oper ated upon the public roads of this State shall be required to display certain warning devices; to provide the procedures connected therewith; to provide penalties; and for other purposes.

The Conference Committee report was as follows:

Joint Conference Committee moves to amend Senate Bill 328 as follows:
By striking the period at the end of the first sentence of Section 2 and by adding at the end of said first sentence the following:
"or an emblem of the same shape and size painted on such

1812

JOURNAL OF THE SENATE,

vehicle in a bright and conspicuous retroreflective red and orange paint. The effective date shall be January 1, 1971."

FOR THE SENATE:
Culver Kidd Kidd of the 25th
Robert A. Rowan Rowan of the 8th
Frank Eldridge Eldridge of the 7th

FOR THE HOUSE:
W. M. Williams Williams of the llth
J. Floyd Harrington Harrington of the 34th
Joe Higginbotham Higginbotham of the 75th

Senator Kidd of the 25th moved that the Senate adopt the Conference Com mittee report on SB 328.

On the motion, the ayes were 37, nays 1; the motion prevailed, and the Con ference Committee report on SB 328 was adopted.

Senator Smalley of the 28th moved that the following bill of the House be placed on the Rules Calendar:

HB 1206. By Mr. Busbee of the 61st:
A bill to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.

On the motion, the ayes were 29, nays 9; the motion prevailed, and HB 1206 was placed on the Rules Calendar.

Senator Smalley of the 28th moved that the following bill of the House be placed on the Rules Calendar:

SATURDAY, FEBRUARY 21, 1970

1813

HB 1615. By Messrs. Floyd, Higginbotham, Davis and Westlake of the 75th and others:
A bill to prohibit any real estate agent or broker from inducing or at tempting to induce for profit any person to sell or rent his dwelling by the use of representations that a person or persons of a particular race, color, religious or national origin are planning to rent or buy a house, apartment or other abode in the neighborhood; and for other purposes.

On the motion, the ayes were 31, nays 9; the motion prevailed, and HB 1615 was placed on the Rules Calendar.

Senator Smalley of the 28th moved that the following bill of the House be placed on the Rules Calendar:

HB 1128. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act providing for the giving of security by owners and operators of certain motor vehicles; to reduce the time within which payment of a judgment out of a security deposit may be made; and for other purposes.

On the motion, the ayes were 20, nays 16, and the motion was lost.

Senator Smalley of the 28th moved that the following bill of the House be placed on the Rules Calendar:

HB 1589. By Messrs. Felton and Hawes of the 95th:
A bill to amend Code Section 26-506, relating to multiple prosecutions for same conduct; to require an accused to make a pretrial motion for single prosecution before several crimes arising out of the same conduct must be prosecuted in a single prosecution; and for other purposes.

On the motion, the ayes were 11, nays 25, and the motion was lost.

The following bill and resolution of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HR 694. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd:
A resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.

1814

JOURNAL OF THE SENATE,

Senator Hudgins of the 15th offered the following substitute:

A RESOLUTION

Designating the Brown Thrasher as the official Georgia State Bird and the Bobwhite Quail as the official Georgia State Game Bird; and for other purposes.

WHEREAS, the Attorney General of Georgia has ruled in an of ficial opinion that Georgia does not have an official State Bird; and

WHEREAS, hitherto, the General Assembly of Georgia has made no such selection; and

WHEREAS, since countless Georgians have always considered the Brown Thrasher as the official Georgia State Bird it is only fitting and proper that the Brown Thrasher be given the recognition it is due; and

WHEREAS, the familiar "bob-bob-white" whistle of the Bobwhite Quail has charmed Georgians, and accompanied them in their work and play since the State was merely a territory occupied by British colonists in 1733; and

WHEREAS, the traditional rich Georgia pastoral setting is incom plete without a Bobwhite Quail flitting from bush to bush or singing its cheerful melody; and

WHEREAS, thousands of Georgia sportsmen annually trek to the fields to bag their limit of the Bobwhite Quail; this marvelous bird can withstand a loss of two-thirds of its population with no reduction in the spring breeding population, thus providing the Georgia huntsmen with continued exciting sport; and

WHEREAS, Georgia has long been hailed as the "Quail Capital of the World", and it seems to be only fitting and proper that the Bobwhite Quail (of the genus colinis) be given the recognition it is due.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA at the suggestion and request of the Garden Clubs of Georgia that the Brown Thrasher is hereby designated as the official Georgia State Bird.

BE IT FURTHER RESOLVED that the Bobwhite Quail is hereby designated as the official Georgia State Game Bird.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to the Secretary of State.

SATURDAY, FEBRUARY 21, 1970

1815

On the adoption of the substitute, the ayes were 32, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to by substitute.

On the adoption of the substitute, the ayes were 32, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

Senator Fincher of the 51st moved that HB 696 be tabled.

On the motion, the ayes were 11, nays 32, and the motion to table was lost.

Senator Fincher of the 54th offered the following amendment:
Amend HB 696, Section 6 by adding the following after the word "employees" on line 16:
"nor to employers of motion picture theatre employees".

On the adoption of the amendment, the ayes were 8, nays 25, and the amend ment was lost.
Senator Kidd of the 25th offered the following amendment: Amend HB 696 by inserting in the title before the phrase "to repeal conflicting laws"
the following: "to provide for exemptions;".

1816

JOURNAL OF THE SENATE,

By striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows:

"Section 8. The provisions of this Act shall not apply with re spect to:

(a) any employer that has sales of $40,000 per year or less;

or

(b) any employer having five employees or less; or

(c) any employee whose compensation consists wholly or par tially of gratuities; or

(d) any employee who is a high school or college student."

On the adoption of the amendment, the ayes were 25, nays 14, and the amend ment was adopted.
Senator Johnson of the 38th offered the following amendment:
Amend HB 696 by striking in lines 4 and 5 the following: "nor shall it apply to the employers of domestic employees." so that said section shall read as follows: "The provisions of this Act shall not apply to any employer who is subject to the minimum wage provisions of any Act of Congress as to employees covered thereby." And by adding in Section 8 a new sentence after the word "less." on line 4 to read as follows: "Nothing in this section shall be construed to prohibit the provisions of this Act from applying to domestic employees."
On the adoption of the amendment, the ayes were 25, nays 12, and the amendment was adopted.
Senator Smith of the 34th offered the following amendment:
Amend HB 696 by inserting on page 3, line 4, sub-paragraph C, following the word "carriers" the following: "and those persons who have not reached their nineteenth birthday".
On the adoption of the amendment, the ayes were 11, nays 19, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

SATURDAY, FEBRUARY 21, 1970

1817

On the passage of the bill, the ayes were 31, nays 8.

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 appointing a second Conference Committee thereto:

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
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, so as to provide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

Senator Andrews of the 49th moved that the Senate appoint a second Con ference Committee on HB 1102.

On the motion, the ayes were 33, nays 0; the motion prevailed, and the President appointed as a second Conference Committee on the part of the Senate the following:

Senators Searcey of the 2nd, Scott of the 17th and Garrard of the 37th.

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st and others:
A bill to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commis sion, so as to change the provisions for compensating the Director of the State Game and Fish Commission; and for other purposes.

The Committee on Economy, Reorganization and Efficiency in Government offers the following substitute:
A BILL
To be entitled an Act to provide for additional compensation for certain designated State officials; to provide the procedure therefor; to repeal conflicting laws; and for other purposes.

1818

JOURNAL OF THE SENATE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. In addition to any other compensation and any allow ances which they are now being paid, the Secretary of State, each member of the Public Service Commission, the Director of the State Highway Department, the Director of the Game and Fish Commission, the Director of the Forestry Commission, the Secretary of the Senate and Clerk of the House of Representatives shall receive the amount of $800.00 per annum for each four years of State service with a branch or department of State government financed by appropriations payable through the State Treasury, figured at the beginning of each such period of service, up to a maximum of 20 years service. Such amounts shall be paid in the same manner and from the same funds as the other compensation of such officials is paid.

Section 2. 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 by adding in the seventh line of Section 1, after the word "representatives" the following: "the Speaker of the House of Repre sentatives and Supervisor of Purchases".

On the adoption of the amendment, the ayes were 28, nays 11, and the amend ment to the Committee substitute was adopted.
On the adoption of the substitute, the ayes were 29, nays 11, and the substi tute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, Senator Gillis of the 20th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Andrews Broun of 46th Brown of 47th Carter

Chapman Coggin Cox Eldridge Fincher of 51st Fincher of 54th

Gillis Hardy Holley Holloway Hudgins Jackson

SATURDAY, FEBRUARY 21, 1970

1819

Johnson Kennedy Kidd London McGill Miller Noble

Padgett Pennington Rowan Smalley Smith of 18th Spinks Starr

Stephens Trippe Vann Walling Webb Young Zipperer

Those voting in the negative were Senators:

Adams of 26th Bateman Dean Doss

Hensley Patton Reeder Reynolds

Smith of 34th Tysinger Ward

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 39, nays 11.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1561. By Mr. Smith of the 43rd:
A bill to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative thereto; and for other purposes.

Senator Webb of the llth offered the following substitute:
A BILL
To be entitled an Act to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. There is hereby created the "Constitutional Amend ments Publication Board" to be composed of the Governor, Lieutenant Governor and the Speaker of the House of Representatives. The Lieu tenant Governor and the Speaker shall advise with the Governor on the publication of proposed constitutional amendments or of a proposed new Constitution, or of both such amendments and such Constitution, pur-

1820

JOUKNAL OF THE SENATE,

suant to the provisions of Article XIII, Section I, Paragraph I of the Constitution, as amended. The Governor shall be Chairman of the Board, which shall meet upon the call of the Chairman or upon the call of any two members of the Board. The Governor nevertheless shall direct the publication of such constitutional amendments or of a proposed new Constitution, or of 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.

On the adoption of the substitute, the ayes were 29, nays 4, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, the ayes were 35, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1497. By Mr. Horton of the 95th:
A bill to define, control and prohibit the littering of public or private property; and for other purposes.

Senator Smalley of the 28th offered the following substitute:
A BILL
To be entitled an Act to define, control and prohibit the littering of public or private property; to provide for a short title; to provide for a declaration of intent; to provide for definitions; to provide that it shall be unlawful for any person to litter public or private property; to pro vide penalties therefor; to provide for prima facie evidence under certain circumstances; to provide for the enforcement of this Act by law en forcement agents and officers; to provide that proper authorities and agencies shall provide receptacles for the deposit of litter; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

SATURDAY, FEBRUARY 21, 1970

1821

Section 1. Short title. This Act shall be known and may be cited as the "Litter Control Law".

Section 2. Declaration of intent. It is the intention of the Gen eral Assembly by this Act to provide for uniform prohibition throughout the State of any and all littering on public or private property, and to curb thereby the desecration of the beauty of the State and harm the health, welfare and safety of its citizens caused by individuals who litter.

Section 3. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or phrases shall have the following meanings:

(a) The word "litter" means all sand, gravel, slag, brickbats, rubbish, waste material, tin cans, refuse, garbage, trash, debris, dead animals or discarded materials of every kind and description.

(b) The phrase "public or private property" means the rightof-way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge or conservation or recreation area, any residential or farm properties, timberlands or forest.

Section 4. Unlawful activities. It shall be unlawful for any person or persons to dump, deposit, throw or leave, or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this State, or any waters in this State, unless:

(a) such property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property;

(b) such litter is placed into a litter receptacle or container in stalled on such property;

(c) such person is the owner or tenant in lawful possession of such property, or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of said owner or tenant, all in a manner consistent with the public welfare.

Section 5. Penalties.

(a) Any person violating the provisions of Section 4 of this Act is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of $25.00 or, in lieu thereof, in the sound discre tion of any court in which conviction is obtained, any such person may be directed by the judge of such court to pick up and remove from any public street or highway or public or private right-of-way, or public beach or public park, or, with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it has been established by competent

1822

JOURNAL OF THE SENATE,

evidence that he has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence.

(b) The court may publish the names of persons convicted of violating the provisions of Section 4 of this Act.

Section 6. Prima facie evidence. Whenever litter is thrown, de posited, dropped or dumped from any motor vehicle, boat, airplane or other conveyance in violation of Section 4 of this Act, it shall be prima facie evidence that the operator of said conveyance shall have violated this Act.

Section 7. Enforcement. All law enforcement agencies, officers and officials of this State or any political subdivision thereof, or any en forcement agency, officer or any official of any commission of this State or any political subdivision thereof, are hereby authorized, em powered and directed to enforce compliance with this Act.

Section 8. Receptacles to be provided. All public authorities and agencies having supervision of properties of this State are authorized, empowered and instructed to establish and maintain receptacles for the deposit of litter at appropriate locations where such property is fre quented by the public, and to post signs directing persons to such re ceptacles and serving notice of the provisions of this Act, and to other wise publicize the availability of litter receptacles and requirements of this Act.

Section 9. Severability. If any provision of this Act, or its applica tion to any person or circumstance is held invalid, the remainder of the Act, or the application of the provisions to other persons or circum stances is unaffected.

Section 10. Repealer. 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 6, and the substi tute was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to by substitute.

On the passage of the bill, the ayes were 33, nays 10.

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:

SATURDAY, FEBRUARY 21, 1970

1823

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House, to-wit:

HB 1561. By Mr. Smith of the 43rd:
A bill to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative thereto; and for other purposes.

The House has adopted, by substitute, by the requisite constitutional ma jority the following resolution of the Senate, to-wit:

SR 197. By Senators Smith of the 18th, Holloway of the 12th and Adams of the 26th:
A resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Com mission; and for other purposes.

The following bill of the Senate, favorably reported by the committee and having passed on February 20 and having been reconsidered today, was put upon its passage:

HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia, relating to elections, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.

Senator Walling of the 42nd offered the following amendment:
Amend HB 1304 by striking from Section 8, quoted Sections 34-405, line 30, the words "with opposition."
And by striking from Section 8, quoted Section 34-405, line 31, the word "shall" and substituting in lieu thereof the word "may."

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

1824

JOURNAL OF THE SENATE,

Senator Walling of the 42nd offered the following amendment:

Amend HB 1304 by striking the figure "$10.00" at the end of Sec tion 13, quoted Section 34-1013 (a) (1) and substituting in lieu thereof the following: "not less than $10.00 and shall be in such reasonable amount as the governing authority deems appropriate."

On the adoption of the amendment, the ayes were 31, nays 0, and the amendment was adopted.

Senator Reynolds of the 48th offered the following amendment:
Amend HB 1304 by striking the words "five percent" appearing in quoted Section 34-1013 (a) (1) and (2) of Section 13 and substituting in lieu thereof the words "seven percent".
And by striking the figure "$400.00" appearing in quoted Section 34-1013(a) (2) of Section 13 and substituting in lieu thereof the figure "$600.00".

On the adoption of the amendment, the ayes were 36, nays 0, and the amend ment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, Senator London of the 50th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Andrews Bateman Broun of 46th Brown of 47th Carter Chapman Coggin Cox Fincher of 51st Fincher of 54th Garrard Hardy

Hensley Holley Holloway Jackson Johnson Kennedy Kidd McGill Miller Noble Padgett Patton Pennington Plunkett Reeder

Reynolds Rowan Scott Smalley Smith of 18th Smith of 34th Starr Stephens Trippe Tysinger Vann Walling Ward Webb Zipperer

SATURDAY, FEBRUARY 21, 1970

1825

Those voting in the negative were Senators:

Dean Doss Eldridge

Gillis Hudgins London

Searcey Spinks Young

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 45, nays 9.

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 agreed to the Senate substitute, as amended by the House, to the following bill of the House, to-wit:

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st 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 Commission, so as to change the provisions for compensating the Di rector of the State Game and Fish Commission; and for other purposes.

The House has disagreed to the Senate amendment to the following bill of the House, to-wit:
HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 46th: A bill to amend Title 34 of the Code of Georgia, relating to elections, so as to place the conduct of primaries under the supervision of the or dinaries; to provide for the payment of the costs of primaries; to pro vide all of the necessary procedures connected with the foregoing; and for other purposes.
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:

1826

JOURNAL OF THE SENATE,

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State Of ficials, employees and appointees of the legislative, executive and ju dicial branches of the State government and to regulate the conduct of said persons; and for other purposes.

The Speaker lias appointed on the part of the House the following members thereof:

Messrs. Jones of the 59th, McClatchey of the 113th and Lee of the 21st.

The House has disagreed to the Senate amendments to the following bill of the House, to-wit:

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

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, so as to change the definition of the practice of applied psychology; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists, approved February 21, 1951 (Ga. Laws 1951, p. 408, as amended by Ga. Laws 1956, pp. 691, 694; 1964, p. 256), so as to change the definition of the practice of applied psychology; to increase the number of Board members from three to five; to provide for stag gered terms; to change the qualifications of Board members; to clarify certain terms; to provide additional conditions for reciprocity; to in crease certain fees; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1827

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act entitled "An Act making provision for the licensure of applied psychologists, through a State Board of Examiners of Psychologists," approved February 21, 1951 (Ga. Laws 1951, p. 408, as amended by Ga. Laws 1956, pp. 691, 694; 1964, p. 256), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof the following Section:

"The Practice of Applied Psychology, Definition: A person practices applied psychology within the meaning of this Act when he holds himself out to be an applied psychologist and renders or of fers to render to individuals, groups, organizations or the public for a fee or any remuneration, monetary or otherwise, any service in volving the application of recognized principles, methods and pro cedures of the science and profession of psychology, such as, but not limited to, interviewing, administering and interpreting tests of mental abilities, aptitudes, interest and personality characteristics for such purposes as psychological diagnosis, classification or evalua tion, or for education or vocational placement, or for such purposes as psychological counseling, guidance or readjustment. Nothing in this definition shall be construed as permitting the administration or prescription of drugs or in any way infringing1 upon the practice of medicine as defined in the laws of this State."

Section 2. Said Act is hereby further amended by striking Section 2 thereof in its entirety and substituting in lieu thereof the following Section:

"State Board of Examiners of Psychologists Created. There is hereby created a State Board of Examiners of Psychologists, here inafter referred to as the Board of Examiners of Psychologists, to consist of five members who shall be appointed by the Governor under conditions hereinafter set forth. Members of the Board of Examiners shall be representative of psychologists licensed under the terms of this Act. No member of the Board shall be liable to civil action for any act performed in good faith in the performance of his duties as prescribed by law."

Section 3. Said Act is further amended by striking Section 3 there of in its entirety and substituting in lieu thereof the following Section:

"Appointment of Board by Governor.--Commencing in 1970, the Board shall be increased from three to five members by the ap pointment of three new members in lieu of the one member whose term is to expire. Of these three new Board members, one member shall be appointed for a period of three years; one member shall be appointed for a period of four years; and one member shall be appointed for a period of five years. All new appointments to the Board commencing in 1971 shall be for a period of five years. Vacancies shall be filled for the unexpired terms, and members shall serve until their successors are appointed and qualified. All ap pointments to the Board shall be made from a list of qualified

1828

JOURNAL OF THE SENATE,

members of the Georgia Psychological Association to be furnished to the Governor by said Association. All vacancies occurring in the Board shall be filled by the Governor for the unexpired term from the said list of all qualified members of the Georgia Psy chological Association within thirty (30) days after the vacancy occurs: Provided, that if the said Association shall fail to furnish the Governor with the list of persons eligible for such an appoint ment, the Governor shall make such appointments by nominating such members of the profession of psychology hereto as may seem to him to be proper. Any Board member may be removed after notice and hearing for incompetence, neglect of duty, malfeasance in office, or commission of a crime involving moral turpitude."

Section 4. Said Act is further amended by striking the last two words from Section 6 thereof:

"licensed individuals."

and substituting in lieu thereof the words:

"a licensed psychologist".

Section 5. Said Act is hereby further amended by striking from Section 9 thereof the following words:

"or who has been practicing psychology in another State and has qualifications not lower from those required by this Act, and is able to satisfy the Board that to grant him a license would be in the public interest, or who has been certified by the American Board of Examiners in professional psychology."

and substituting in lieu thereof the following words:

"and which other State grants a like privilege to psychologists licensed in the State of Georgia."

so that when amended Section 9 shall read as follows:

"Licensure Under Special Conditions. For a period of two years from the effective date of this Act, the Board may waive either an assembled examination or the requirements of Subdivision (c) of Section Y, or both, if it deems such action to be in the public interest and may grant a license upon payment of the required fee to any person who meets the requirements of Subdivisions (a) and (b) of Section 7, who is qualified by experience to practice applied psychology, and who has engaged in such practice of a nature satisfactory to the Board for at least three years full time, or its equivalent, within three years following the effective date of this Act. The Board may also grant a license without an assembled ex amination to any person residing or employed in the State who at the time of application is licensed or certified by a similar board of another State whose standards, in the opinion of the Board, are not lower than those required by this Act, and which other State

SATURDAY, FEBRUARY 21, 1970

1829

grants a like privilege to psychologists licensed in the State of Georgia."

Section 6. Said Act is further amended by striking therefrom Section 15 in its entirety and substituting in lieu thereof the following Section:

"License Fees. There shall be paid to the Joint-Secretary, State Examining Boards, by each applicant for license by examina tion, an initial fee of $30.00. If the applicant is found eligible for licensure, he shall pay an additional fee of $20.00 prior to the granting of the license. A fee of $75.00 shall be charged for issuing a temporary license or a license by reciprocity. No part of any fee shall be returnable under any circumstance."

Section 7. Said Act is further amended by striking Section 16 thereof in its entirety and substituting in lieu theerof the following Section:

"Renewal of License. During the month of January of each year, every license holder shall apply to the Board for a renewal of his license, and if at the discretion of the Board the license is renewed, he shall pay the Joint-Secretary, State Examining Boards, a renewal fee of $10.00. Any license shall be cancelled if the holder fails to renew said license within three months after the renewal date, but any license so cancelled by default may be restored upon payment of a fee of $50.00, within one year after cancellation."
Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Rowan of the 8th moved that the Senate agree to the House substi tute to SB 268.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the House substitute to SB 268 was agreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 426. By Senators Trippe of the 31st and Broun of the 46th:
A bill to repeal an Act creating the Georgia Real Estate Investment Board, so as to abolish the Georgia Real Estate Investment Board and the Advisory Board; and for other purposes.

1830

JOURNAL OF THE SENATE,

The House substitute was as follows:

A BILL

To be entitled an Act to amend an Act creating the Georgia Real Estate Investment Board, approved March 1, 1963 (Ga. Laws 1963, p. 34), so as to exempt from the provisions of the Act real estate home loans or commitments "specifically, namely, for single family resi dential housing guaranted by the Federal Housing Administration, Veteran's Administration, Farmer's Home Loan Administration, or any agency of the Federal Housing and Urban Development Admin istration" ; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act creating the Georgia Real Estate Investment Board, approved March 1, 1963 (Ga. Laws 1963, p. 34), is hereby amended by striking Section 3(b) in its entirety and inserting in lieu thereof a new Section 3(b) to read as follows:

"Section 3(b). To receive, approve, disapprove, or reject any and all applications for loans on real estate or commitments for loans on real estate or real estate investments to be made by any State Retirement System, State Annuity and Benefit Fund, or similar State system, or funds created by the General Assembly of Georgia; provided, however, that real estate home loans or commit ments specifically, namely, for single family residential housing
guaranteed by the Federal Housing Administration, Veteran's Ad ministration, Farmer's Home Loan Administration, or any agency of the Federal Housing and Urban Development Administration, or loans made under the rules and regulations of the Federal Home Loan Bank System, the Federal Reserve System, or the Superin tendent of Banks are exempt from consideration by the Georgia Real Estate Investment Board and are further specifically exempted from any provisions of this Act."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Trippe of the 31st moved that the Senate agree to the House substitute to SB 426.

On the motion, the ayes were 30, nays 0; the motion prevailed, and the House substitute to SB 426 was agreed to.

The following resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:

SATURDAY, FEBRUARY 21, 1970

1831

HR 739. By Mr. Melton of the 32nd:
A resolution creating the Georgia Motor Transport Study Committee; and for other purposes.

The Committee on Rules offered the following amendment:
Amend HR 739 by adding after the word "Trade." on page one, line 29, the following phrase "The Lieutenant Governor shall appoint one from the Senate and the Speaker of the House of Representatives shall appoint one from the House of Representatives. Said Committee shall be authorized to function for a maximum of fifteen (15) days."

On the adoption of the amendment, the ayes were 0, nays 39, and the amend ment was lost.

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 35, 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 second Conference Committee report thereto:

HB 1102. By Messrs. Johnson of the 29th, Whaley of the 93rd and Jones of the 87th:
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, so as to provide that factory built housing having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; and for other purposes.

The second Conference Committee report was as follows:
Mr. President and Mr. Speaker:
Your Conference Committee on HB 1102 has met and submits the following recommendations:

1832

JOURNAL OF THE SENATE,

That the House and Senate recede from their respective positions and that the attached Substitute to HB 1102 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ William A. Searcey Senator, 2nd District
/s/ Ed Garrard Senator, 37th District
/s/ Turner R. Scott Senator, 17th District

FOR THE HOUSE:
/s/ Bobby W. Johnson Representative, 29th District
/s/ John H. Anderson, Jr. Representative, 49th District
/s/ W. M. Williams Representative, llth District

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 that factory built housing and baled cotton having a certain maximum width may be transported upon the public roads and highways of this State subject to certain requirements; to provide for the issuance of permits and the charges therefor; to provide for a definition; 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 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 adding at the end of Section 1 a new subsection to be designated subsection (f) and to read as follows:

" (f) Any other provisions of this Section to the contrary not withstanding, the State Highway Department shall authorize fac tory built housing, as hereinafter defined, which does not exceed a maximum width of fourteen (14) feet, and baled cotton not ex ceeding a maximum width of 102 inches to be transported upon the public roads and highways of this State, except highways com prising a part of the national system of interstate and defense highway system or other limited access highways until Federal au-

SATURDAY, FEBRUARY 21, 1970

1833

thorities shall permit such vehicles thereon without loss of public road funds, pursuant to the authority of single trip permits or twelve (12) month permits issued by the Department subject to the following requirements:

(1) That the charge for a single trip permit shall be twenty-five ($25.00) dollars.

(2) That the charge for a twelve (12) month permit shall be fifty ($50.00) dollars for each vehicle transporting factory built housing or baled cotton.

(3) That the movement of such factory built housing shall be over only such routes and at only such times as the State Highway Department shall provide by regulation and that each such movement of such housing shall have escorts at the front and rear of each unit or units.

For the purpose of this subsection, the term 'factory built housing' shall mean components of housing constructed and as sembled at plants or factories within or without the State, which are of such nature that they cannot be readily dismantled, and transported to sites within or without this State for the purpose of being erected at such sites as permanent housing units. The term 'factory built housing' shall in no way be construed to be a mobile home.

The State Highway Department is hereby authorized to promul gate reasonable rules and regulations which are necessary or de sirable governing the issuance of such permits; provided such rules and regulations are not in conflict with the provisions of this sub section and other provisions of law.

Nothing in this subsection shall be construed to alter or amend the provisions of this Act relating to height, length and weight limitations, and such provisions shall be applicable to factory built housing, as herein defined, transported upon the public roads and highways of this State."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Senator Searcey of the 2nd moved that the Senate adopt the second Con ference Committee report on HB 1102.

On the motion, Senator McGill of the 24th 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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JOURNAL OF THE SENATE,

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 26th Brown of 47th Fincher of 51st Fincher of 54th Garrard

Hardy Holley Hudgins Jackson London McGill

Padgett Searcey Stephens Trippe Tysinger Ward

Those voting in the negative were Senators:

Andrews Bateman Broun of 46th Carter
Chapman Coggin Cox Dean Doss Eldridge

Hensley Hill Holloway Johnson
Kennedy Kidd Pennington Plunkett Reynolds Rowan

Scott Smalley Spinks Starr Vann Walling Webb Young Zipperer

By unanimous consent, verification of the roll call was dispensed with.

On the motion, the ayes were 19, nays 29; the motion lost, and the Con ference Committee report to HB 1102 was disagreed to.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

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, opera tion and sick leave expenses; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, so as to change the provisions re lating to the allotment of teachers; to change the minimum sum relative to the administration of funds needed by local units of administration

SATURDAY, FEBRUARY 21, 1970

1835

for maintenance, operation and sick leave expenses; to provide that if the General Assembly or the Fiscal Affairs Subcommittee takes action resulting in a transfer of funds from the Minimum Foundation Program of Education, such transfer shall be considered as lapsed Minimum Foundation Program of Education funds for the purpose of calculating adjustments to required local effort; 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 "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3) as amended, is hereby amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows:

"Section 11. Allotment of Teachers; Amount of Funds Needed for Payment of Salaries.--The State Board of Education shall an nually allot teachers to local units of administration on the basis of one teacher per 25 pupils in average daily attendance in grades 1 through 3 and in grades 8 through 12 and one teacher per 28 pupils in average daily attendance in grades 4 through 7, of each local unit of administration during the first four months of the preceding school year, adjusted as provided for in Section 48 of this Act. Provided, however, that during the next school year the amount of funds distributed to any local unit for this purpose shall not be in excess of the amount actually required by the local unit for payment of salaries of teachers actually employed by the local unit of administration. The amount of funds needed by a local unit to pay salaries of teachers shall be determined on a ten-months basis in accordance with the State minimum salary schedule pro vided for in Section 9 of this Act. The State Board of Education is authorized to prescribe uniform requirements and minimum standards respecting utilization of State-allotted teachers in public elementary and secondary schools of local units of administration. Provided, however, in the event that the General Assembly shall appropriate additional funds which are line-itemed for reducing the pupil-teacher ratio in any grade or grades, the allotment figures contained in this Section shall be construed to be reduced to the figures contained in such line-item appropriation."

Section 2. Said Act is further amended by striking from the first sentence of Section 13 the following:

"not be less than $600 per school year per State-allotted teacher through the 1966-1967 school year, not less than $1,050 per Stateallotted teacher for the 1968-1969 school year and each school year thereafter.",

and inserting in lieu thereof the following:

"not be less than $1,050 per school year per State-allotted teacher through the 1968-1969 school year, not less than $1,250 per

1836

JOURNAL OP THE SENATE,

State allotted teacher for the 1970-1971 school year and each school year thereafter.",

so that when so amended said Section shall read as follows:

"Section 13. Amount of Funds Needed for Payment of Main tenance, Operation and Sick Leave Expenses. The amount of funds needed by a local unit of administration for maintenance, operation and sick leave expenses not otherwise provided for in Section 11 through Section 21 of this Act shall be determined by multiplying the number of teachers allotted to the local unit of administration under provisions of Section 11 of this Act by a sum of money per teacher to be determined by the State Board of Education which shall not be less than $1,050 per school year per State-allotted teacher through the 1968-1969 school year, not less than $1,250 per State-allotted teacher for the 1970-1971 school year and each school year thereafter. The State Board of Education shall define the term 'maintenance, operation and sick leave expenses' and shall have authority to establish minimum requirements and standards for maintenance and operation of public school facilities and equipment and for local distribution, use and expenditure of funds allotted under this Section to local units of administration."

Section 3. Said Act is further amended by striking subparagraph (2) of subsection (B) of Section 22 in its entirety and inserting in lieu thereof a new subparagraph (2) of subsection (B) of Section 22, which shall read as follows:

"(2). The State Board of Education shall determine the por tion of the estimated cost of the Statewide Minimum Foundation Program to be paid by local funds by multiplying the estimated cost of the Statewide Minimum Foundation Program for the school year by the percentage share of the cost of such Statewide program to be paid by local funds on a Statewide basis and then subtracting therefrom the product derived from the multiplication of the per centage used in calculation of the required local effort in the im mediately preceding fiscal year by the total of all lapsed funds appropriated to the Department of Education to finance the Mini mum Foundation Program of Education. Provided, however, that in fiscal year 1970, if the General Assembly or the Fiscal Affairs Subcommittees take action resulting in a transfer of funds from the Minimum Foundation Program of Education, such transfer shall be considered as lapsed Minimum Foundation Program funds for the purpose of calculating adjustments to required local effort as provided in this Section. Commencing with the 1965-1966 school year, beginning on July 1, 1965, the estimated cost of the Statewide Minimum Foundation Program shall be shared on a Statewide basis of 84% State funds and 16% local funds. Provided, however, that the share of the estimated cost of the Statewide Minimum Foundation Program to be paid by local funds shall thereafter be increased at the beginning of each subsequent fiscal school year by one percentage point per year for two years, so that commencing with the 1967-1968 fiscal school year the Statewide cost of the Minimum Foundation Program shall be shared on the basis of eighty-two percent (82%) State funds and eighteen percent (18%)

SATURDAY, FEBRUARY 21, 1970

1837

local funds and shall thereafter be increased at the beginning of each fiscal school year beginning with the 1969-1970 fiscal school year by one-half of one percentage point at the beginning of that fiscal school year and each subsequent fiscal school year so that commencing with the 1972-1973 fiscal school year the Statewide cost of the Minimum Foundation Program shall be shared on the basis of 80% State funds and 20% local funds."

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.

Senator Andrews of the 49th moved that the Senate agree to the House substitute to SB 223.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the House substitute to SB 223 was agreed to.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

Senator Holloway of the 12th moved that the Senate insist on its amendments to HB 696.

On the motion, the ayes were 33, nays 1; the motion prevailed, and the Senate amendments to HB 696 were insisted upon.

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:

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JOURNAL OP THE SENATE,

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

The Speaker has appointed on the part of the House the following members thereof:

Messrs. Battle of the 90th, Gignilliat of the 89th and Mullinax of the 30th.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate, to-wit:
SB 513. By Senator Vann of the 10th: A bill to provide the circumstances under which certain unsolicited merchandise shall be deemed to be an unconditional gift to the recipient of such merchandise; and for other purposes.
The following resolution of the Senate was taken up for the purpose of con sidering a House substitute thereto:
SR 197. By Senators Smith of the 18th, Holloway of the 12th and Adams of the 26th: A resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Com mission; to provide for the submission of the amendment for ratifica tion or rejection; and for other purposes.

The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Commis sion; to provide for the submission of the amendment for ratification or rejection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The Constitution of the State of Georgia is hereby amended by striking Paragraphs I, II, III, IV and IX of Section III of

SATURDAY, FEBRUARY 21, 1970

1839

Article VII, and inserting in lieu thereof new Paragraphs I, II, III and IV to read as follows:

SECTION III
PUBLIC DEBT
"Paragraph I. Purposes for Which Debt may be Incurred; Limitations. Any other provisions of this Constitution to the con trary notwithstanding, the State may incur public debt, as follows:
(a) The State may incur public debt without limit to repel in vasion, suppress insurrection and defend the State in time of war.
(b) The State may incur public debt to supply such temporary deficit as may exist in the State Treasury in any fiscal year because of necessary delay in collecting the taxes of that year but the debt so incurred shall not exceed, in the aggregate, five percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such debt is in curred, and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then out standing unpaid debt from any previous fiscal year which was in curred under the provisions of this subparagraph (b).
(c) The State may incur public debt of two types for public purposes pursuant to this paragraph, general obligation debt and guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment or facilities of the State, its agencies, departments, in stitutions, and those State Authorities which were created and ac tivated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I (a) of this Constitution, and guaranteed revenue debt may be incurred by guaranteeing the pay ment of revenue obligations issued by an instrumentality of the State or any political subdivision or subdivisions if the instru mentality is a public corporation or authority and such revenue obligations are issued for (1) toll bridges, toll roads, or any other land public transportation facilities or systems or (2) for the pur poses of making educational loans directly to students to enable them to acquire an education beyond the high school level, or to students for vocational rehabilitation purposes, or in the event such bond proceeds exceed such direct loan needs they may be used for purchasing the entire or a partial interest in loans theretofore made to students for such purposes by lending institutions, as the General Assembly may provide. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate an nual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guar anteed revenue debt, including the proposed debt, and the highest

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JOURNAL OF THE SENATE,

aggregate annual payments for the then current year or any sub sequent fiscal year of the State under all contracts then in force to which the provisions of Article VII, Section VI, Paragraph I (a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred. For the purposes of this paragraph, annual debt service requirements shall mean the total principal and interest
coming due in any fiscal year of the State; provided that with re gard to any issue of debt incurred wholly or in part on a term basis for which a sinking fund is provided, annual debt service require ments shall mean an amount equal to the total principal and in terest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date.

General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and ap propriating an amount at least sufficient to pay the highest an nual debt service requirements for such issue. All such appropria tions for debt service purposes shall not lapse for any reason but shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the in curring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all pay ments required to be made under contracts entitled to the protection of the second paragraph of Paragraph I (a), Section VI, Article VII of this Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate to a special trust fund to be designated "State of Georgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general obligation debt payable therefrom. If the General Assembly shall fail to make any such appropriation or if for any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, the State Treasurer shall set apart from the first revenues there after received, applicable to the general fund of the State, such amounts as are necessary to cure any such deficiency and shall immediately deposit the same into the sinking fund, provided that the obligation to make such sinking fund deposits shall be sub ordinate to the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second paragraph of Para graph I (a) of Section VI of Article VII of this Constitution. The State Treasurer may be required to set aside and apply such revenues as aforesaid at the suit of any holder of any general ob ligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, consistent with the re quirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting

SATURDAY, FEBRUARY 21, 1970

1841

direct and general obligations of the United States Government or obligations unconditionally guaranteed as to the payment of prin cipal and interest by the United States Government, maturing no longer than twelve months from date of purchase.

Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be selfliquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special trust fund to be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations for the benefit of guaranteed revenue debt shall not lapse for any reason but shall continue in effect until the debt for which such appropriation was authorized shall have been incurred but the General Assembly may repeal any such appropria tion at any time prior to the payment of the same into said com mon reserve fund. Said common reserve fund shall be held and administered by the State Treasurer, If any payments are required to be made from said fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of rev enues, the State Treasurer shall pay from said common reserve fund the amount necessary to cure such deficiency. The State Treasurer shall then reimburse said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid; provided, that the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the second paragraph I (a) of Section VI, Article VII of this Constitution and shall also be subordinate to the obligation hereinabove imposed upon the State Treasurer to make sinking fund deposits for the benefit of general obligation debt. The State Treasurer may be required to apply such funds as aforesaid at the suit of any holder of any such guaranteed revenue obligations. The amount to the credit of said common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the bene
fit of said fund. If at the end of any fiscal year of the State said
fund is in excess of the required amount, the State Treasurer shall
transfer such excess to the general funds of the State free of said
trust. The funds in the said common reserve fund shall be as fully
invested as is practical, consistent with the requirements of guaran
teeing the principal and interest payments on the revenue obliga
tions guaranteed by the State. Any such investments shall be re
stricted to obligations constituting direct and general obligations
of the United States Government or obligations unconditionally

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JOURNAL OF THE SENATE,

guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase.

When any general obligation debt has first been incurred by the delivery of such debt to the purchasers thereof, then and from the date of such delivery, the State, and all State institutions, de partments and agencies of the State shall be prohibited from enter
ing into any contract (except contracts pertaining to guaranteed revenue debt) with any public agency, public corporation, au thority or similar entity which such contract is intended to consti tute security for bonds or other obligations issued by any such public agency, public corporation or authority and, from and after the date of such delivery, in the event any contract between the State, or any State institution, department or agency of the State and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or as signed as security for the repayment of bonds or other obligations then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior to the date of the first delivery of such general obligation debt shall continue to have the benefit of the protection afforded by the provisions of the second paragraph of Paragraph I (a) of Section VI, Article VII of this Constitution as fully and completely as though this amendment had not been adopted and for as long as any such contract shall remain in force and effect. Furthermore, nothing in this amendment is intended directly or by implication to have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to the holders of obli gations secured by such contracts.

(d) The State may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I (a), Section VI, Article VII of this Constitution are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the fifteen percent limitation in subparagraph (c) above to the same extent as debt incurred under said subparagraph.
Provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. In the event it is determined by the Georgia State Financing and Investment Commission that it is to the best interest of the State to fund or refund any such public debt or obligation, the same may be accomplished by resolution of the Georgia State Financing and Investment Commission hereinafter created without any action on the part of the General Assembly and any appropria tion made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding to the same extent and with the same effect as though the obligations to be issued had originally been au-

SATURDAY, FEBRUARY 21, 1970

1843

thorized by action of the General Assembly as hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be in curred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Para graph I (a), Section VI, Article VII of this Constitution are appli cable and the continuing appropriation required to be made under the said provisions of this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such fund ing or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred.

Paragraph II. Faith and Credit of State Pledged Debt May be Validated. The full faith, credit and taxing power of the State are hereby pledged to the payment of all public debt incurred under this Article and all such debt and the interest thereupon shall be exempt from taxation. Such debt may be validated by judicial pro ceedings in the manner provided by the General Assembly and such validation shall be incontestable and conclusive.

Paragraph III. Georgia State Financing and Investment Com mission; Duties. There is hereby created the Georgia State Financ ing and Investment Commission. The Commission shall consist of the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Attorney General, Budget Analyst of the General Assembly and the State Budget Officer. The Commission shall be responsible for the issuance of all public debt incurred hereunder and for the proper application of the proceeds of such debt to the purposes for which it is incurred except that the issuance of guaranteed revenue obli gations shall be the responsibility of the issuing instrumentality and the proceeds from such guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be in curred at the same time for more than one purpose may be com bined in one issue without stating the purposes separately but the proceeds thereof must be allocated, disbursed and used solely in ac cordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The Com mission shall be responsible for the investment of all proceeds to be administered by it. The General Assembly may provide that in come earned on any such investments may be used to pay operating expenses of the Commission or placed in a common debt retire-

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JOURNAL OF THE SENATE,

ment fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corpora tion or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I (a) of Section VI, Article VII of this Constitution are applicable. The Commission shall have such additional responsibilities, powers and duties with respect to public debt as shall be provided by law.

Paragraph IV. State Aid Forbidden. Except as herein pro vided, the credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation."

Section 2. This amendment is adopted for the purpose of provid ing a new and more effective method of financing the State's needs and its provisions and any law hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect the aforesaid purposes. Insofar as any provisions of this amendment or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of this amendment and laws enacted in furtherance thereof shall be controlling; provided, however, the provisions of this amendment shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction this amendment shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing.

Section 3. When the above proposed Amendment to the Constitu tion shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same have been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended:

The ballot submitting the proposed Amendment shall have written or provided thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize incurring public debt; to provide for the payment of
NO ( ) such debt; and to create the Georgia State Financing and Investment Commission?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall issue his proclamation thereon.

SATURDAY, FEBRUARY 21, 1970

1845

Senator Smith of the 18th moved that the Senate disagree to the House substitute to SR 197.

On the motion, the ayes were 42, nays 0; the motion prevailed, and the House substitute to SR 197 was disagreed 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 resolution of the Senate, to-wit:

SR 197. By Senators Smith of the 18th, Holloway of the 12th and Adams of the 26th:
A resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Com mission; to provide for the submission of the amendment for ratifica tion or rejection; and for other purposes.

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

HB 214. By Messrs. Matthews of the 16th and Chandler of the 34th:
A bill to provide for the compensation and expenses of the State Auditor; and for other purposes.

The Conference Committee report was as follows: Mr. President:
Mr. Speaker: Your Conference Committee on HB 214 has met and submits the
following report and recommendations:

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JOURNAL OF THE SENATE,

That the Senate and House recede from their respective positions on said bill and that the attached substitute be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Stanley E. Smith, Jr. Senator, 18th District
/s/ Julian Webb Senator, llth District
/s/ A. W. Holloway Senator, 12th District

FOR THE HOUSE:
/s/ Chappelle Matthews Representative, 16th District
/s/ Thomas B. Buck, III Representative, 84th District
/s/ Milton Jones Representative, 84th District

A BILL

To be entitled an Act to provide for the compensation and expenses of the State Auditor; 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. The State Auditor shall be compensated in the amount of $28,500.00 per annum, with an additional amount of $800.00 per an num for each four years, not to exceed twenty years, of State service with a branch or department of State government financed by ap propriations payable through the State Treasury, figured at the be ginning of each such period of State service. He shall also be reim bursed for expenses incurred in the performance of his duties. The com pensation and expenses provided for above shall be in lieu of all other compensation, salary, fees, allowances and any other remuneration here tofore received by the State Auditor.
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 Smith of the 18th moved that the Senate adopt the Conference Committee report on HB 214.

SATURDAY, FEBRUARY 21, 1970

1847

On the motion, the ayes were 30, nays 3; the motion prevailed, and the Con ference Committee report on HB 214 was adopted.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State of ficials, employees and appointees of the legislative, executive and ju dicial branches of the State government and to regulate the conduct of said persons; and for other purposes.

Senator Smith of the 18th moved that the Senate adhere to its substitute to HB 1155, and that a Conference Committee be appointed.

On the motion, the ayes were 34, nays 0; the motion prevailed, and the Senate substitute to HB 1155 was adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Vann of the 10th, Starr of the 44th and Holley of the 22nd.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1304. By Messrs. Howell of the 60th, Lambert of the 25th and Parker of the 46th:
A bill to amend Title 34 of the Code of Georgia, relating to elections, so as to place the conduct of primaries under the supervision of the ordinaries; to provide for the payment of the costs of primaries; to provide all of the necessary procedures connected with the foregoing; and for other purposes.

Senator Trippe of the 31st moved that the Senate recede from its position of amending HB 1304.

On the motion, the ayes were 30, nays 4; the motion prevailed, and the Senate receded from its position of amending HB 1304.

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JOURNAL OP THE SENATE,

The following bill of the House was taken up for the purpose of considering a House amendment to the Senate substitute:

HB 1203. By Messrs. Rainey of the 47th, Hudson of the 48th, Rush of the 51st and others:
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 the provisions for compensating the Di rector of the State Game and Fish Commission; and for other purposes.
The House amendment to the Senate substitute was as follows:
Amend by adding in Section 1, line 12, the words "the Commis sioner of Agriculture" after the words "Supervisor of Purchases."

Senator Gillis of the 20th moved that the Senate agree to the House amend ment to the Senate substitute to HB 1203.
On the motion, the ayes were 29, nays 0; the motion prevailed, and the House amendment to the Senate substitute to HB 1203 was agreed to.
The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:
SB 491. By Senator Webb of the llth: A bill to amend an Act creating the Georgia Factory for the Blind, as amended, so as to provide that surplus funds may be accrued by the Factory not to exceed a total of $250,000.00; and for other purposes.
The House amendment was as follows:
Amend SB 491 by striking Section 3A and inserting in lieu thereof the following:
"Section 3A. To provide that surplus funds designated as re serve funds accruing at the Georgia Factory for the Blind in any fiscal year shall not lapse to the State Treasury, but may be re served by the Factory as working capital. Such reserve shall be cumulative, but shall not exceed the total sum of $250,000.00."

SATURDAY, FEBRUARY 21, 1970

1849

Senator Webb of the llth moved that the Senate agree to the House amend ment to SB 491.

On the motion, the ayes were 29, nays 1; the motion prevailed, and the House amendment to SB 491 was agreed to.

The following resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HR 740. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A resolution accepting the bid of Downtown Development Corporation, P.M. Air Rights Company and City Center, Inc., occupying the space between the Forsyth Street Viaduct and the Spring Street Viaduct in the City of Atlanta, now known as the "Atlanta Union Passenger Sta tion of the Western and Atlantic Railroad"; and for other purposes.

The President resolved the Senate into a Committee of the Whole Senate for the purpose of considering HR 740.

The Committee of the Whole Senate was dissolved.

Senator Fincher of the 51st, chairman of the Committee of the Whole Senate, submitted the following report:
"Mr. President, the Committee of the Whole Senate has had under consideration HR 740 and has instructed me, as its Chairman, to report the same back to the Senate, with the recommendation that the same do pass."

The report of the Committee of the Whole Senate, which was favorable to the adoption of the resolution, was agreed to.

This being a resolution proposing the leasing of State property, 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

Chapman Coggin Cox Dean Doss Eldridge Fincher of 51st

Fincher of 54th Garrard Gillis Hardy Hensley Hill Holley

1850
Holloway Hudgins Jackson Johnson Kennedy London McGill Padgett Plunkett Reeder

JOURNAL OF THE SENATE,

Reynolds Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr

Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

Those voting in the negative were Senators Bateman and Pennington.

By unanimous consent, verification of the roll call was dispensed with.

On the adoption of the resolution, the ayes were 49, nays 2.

The resolution, having received the requisite constitutional majority, was adopted.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1432. By Messrs. Reaves of the 71st and Rainey of the 47th:
A bill to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program; and for other purposes.

The Committee on Agriculture and Natural Resources offered the following substitute:
A BILL
To be entitled an Act to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program; to provide penalties for violations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. It shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for market ing under a fish farming program.

SATURDAY, FEBRUARY 21, 1970

1851

Section 2. Any person violating any provision of Section 1 of this Act shall be guilty of a misdemeanor.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 37, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering House action thereto:
HB 696. By Mr. Battle of the 90th: A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

Senator Holloway of the 12th moved that the Senate adhere to its amend ments to HB 696, and that a Conference Committee be appointed.

On the motion, the ayes were 37, nays 0; the motion prevailed, and the Senate amendments to HB 696 were adhered to.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Holloway of the 12th, Zipperer of the 3rd and Johnson of the 38th.

The following bill of the Senate was taken up for the purpose of considering a House amendment thereto:

1852

JOURNAL OF THE SENATE,

SB 513. By Senator Vann of the 10th:
A bill to provide the circumstances under which certain unsolicited merchandise shall be deemed to be an unconditional gift to the recipient of such merchandise; and for other purposes.

The House amendment was as follows:
Amend SB 513 by striking the last sentence of the first paragraph of Section 1 in its entirety and inserting in lieu thereof a new last sentence of Section 1, to read as follows:
"The receipt of any such goods, wares or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of such goods, wares or merchandise, unless such goods, wares or merchandise were delivered to recipient as a result of a bona fide mistake, in any manner he sees fit without any obligation on his part to the sender."

Senator Vann of the 10th moved that the Senate agree to the House amendment to SB 513.

On the motion, the ayes were 35, nays 0; the motion prevailed, and the House amendment to SB 513 was agreed to.

The following resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HR 716. By Messrs. Chandler of the 34th and Pafford of the 64th:
A resolution relative to architectural and engineering firms doing business with the State; and for other purposes.

Senator Padgett of the 23rd offered the following amendment:
Amend HR 716 by adding in line 10, page 2 the following:
"However, this paragraph shall not apply to uniform plans contracted for site adaptation."

On the adoption of the amendment, the ayes were 29, nays 0, and the amendment was adopted.

SATURDAY, FEBRUARY 21, 1970

1853

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, the ayes were 33, nays 1.

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 disagreed to the Senate amendment to the following resolu tion of the House, to-wit:

HR 716. By Messrs. Chandler of the 34th and Pafford of the 64th:
A resolution relative to architectural and engineering firms doing business with the State; and for other purposes.

Senator Johnson of the 38th asked unanimous consent that the following statement be entered into the journal:
WHEREAS, on February 21, 1970, Senate Resolution No. 324, re lating to placing the Senate on record as being against certain organiza tions (namely the Black Panthers) using State educational facilities; and
WHEREAS, I was not on the floor at the time the vote was taken; and
WHEREAS, I am opposed to the passage of the Resolution; and
WHEREAS, I was not recorded as voting because I was off the floor of the Senate attending to the people's business; and
THEREFORE, I wish to state that had I been present, I would have voted "Nay" on the passage of this Resolution.
Respectfully submitted, /s/ Leroy Johnson
Senator, 38th District
The consent was granted.

1854

JOURNAL OF THE SENATE,

Senator Ward of the 39th asked unanimous consent that the following statement be entered into the journal.
February 21, 1970
Mr. President:
RE: Senate Resolution No. 324 Senate Resolution No. 324 is captioned "By: Entire Senate."
Let the record show that this Senator did not favor the Resolution. I do not want to interfere with the operation of the State institutions of higher learning, as the same are under the Board of Regents and the respective presidents. Although I am opposed to the violent over throw of our government, I strongly favor academic freedom and freedom of speech.
Respectfully submitted, /s/ Horace T. Ward
Senator, 39th District
The consent was granted.
The following resolution of the House, favorably reported by the committee, was read the third time, and put upon its passage:
HR 621. By Mr. Games of the 104th: A resolution creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes.
The Committee on Rules offered the following amendment:
Amend HR 621 by deleting in its entirety on page two, lines 12, 13, 14, 15, 16, 17 and 18.
And, by deleting the phrase "forty (40) days" and inserting in lieu thereof the phrase "ten (10) days" on page two, line 22.
On the adoption of the amendment, the ayes were 31, nays 0, and the amend ment was adopted.

SATURDAY, FEBRUARY 21, 1970

1855

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 36, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

The following bill of the House was taken up for the purpose of considering House action thereto:

HB 1561. By Mr. Smith of the 43rd:
A bill to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative there to; and for other purposes.

Senator Smith of the 18th moved that the Senate recede from its substitute to HB 1561.

On the motion to recede, the ayes were 17, nays 24, and the motion was lost.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1117. By Messrs. Jones of the 87th, Whaley of the 93rd, Ellis of the 91st and others:
A bill to amend Code Chapter 27-1 relating to proceedings prior to arrest, so as to provide for a reward to be paid to persons furnishing information leading to the arrest and conviction of a person charged with the crime of murder when the victim of such murder was a police officer; and for other purposes.
The Committee on Judiciary offered the following amendment:
Amend HB 1117 by striking in Section 1 on page 1 the word "shall" and inserting in lieu thereof the word "may".
By striking in Section 1, page 1, the phrase "in the amount of $10,000.00." and by inserting in lieu thereof the phrase "in an amount up to $10,000.00".

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JOURNAL OF THE SENATE,

By striking in Section 1, page 2, the word "shall" and by inserting in lieu thereof the phrase "may in his discretion".

On the adoption of the amendment, the ayes were 39, nays 2, and the amendment was adopted.

Senator Smalley of the 28th offered the following substitute:
A BILL
To be entitled an Act to amend Code Chapter 27-1 relating to pro ceedings prior to arrest, as amended, so as to provide for a reward to be paid to certain persons furnishing information leading to the arrest, and conviction of certain persons charged with the crime of murder or voluntary manslaughter; to provide for rewards to be paid to persons furnishing information leading to the arrest and conviction of persons charged with the crime of selling dangerous drugs or narcotic drugs or both; 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 Chapter 27-1 relating to proceedings prior to arrest, as amended, is hereby amended by adding two new Code Sec tions between Code Sections 27-101 and 27-102 to be designated Code Section 27-101.1 and Code Section 27-101.2 and to read as follows:
"27-101.1 Reward for arrest and conviction of murderers of law enforcement officers. Any person except a person who shall be charged with the power, duty and responsibility of enforcing the criminal laws of this State, who furnishes the necessary informa tion which leads to the identification, apprehension and conviction of a person who has committed the crime of murder or voluntary manslaughter and the victim of such crime was a law enforcement officer acting in the line of duty at the time of the commission of such crime, may be entitled to receive a reward in an amount up to $10,000.00. No such reward, under the terms of this Code Section, shall be awarded unless the information furnished possessed such unique qualities that without the divulgence thereof by the person claiming the reward, the identity of the perpetrator of such crime and the evidence leading to his conviction would not have been readily ascertainable from other sources during the ordinary course of a routine investigation of the crime. Said reward shall be paid at the time the conviction becomes final after all appeals have been exhausted. The Governor may pay such reward to any such person from funds appropriated to the Executive Branch of the State Government for such purpose. In those instances in which, in the judgment of the Governor, one or more persons should be entitled to the reward, the Governor shall direct the division of the reward among those entitled thereto at his discretion or he may rely upon

SATURDAY, FEBRUARY 21, 1970

1857

the service of the District Attorney or other official prosecuting the case as to the appropriate division thereof."

"27-101.2. Rewards for arrest and conviction of drug sellers, (a) Any person, other than a law enforcement officer, who fur nishes information leading to the arrest and conviction of a per son who is charged with selling dangerous drugs under Code Sec tion 79A-703, or who is charged with selling narcotic drugs under Code Section 79A-803, or who is charged with selling drugs under both Code Sections, may receive a reward of up to $200.00 which shall be payable at the time the conviction becomes final. The Governor, at his discretion, may pay such reward to any such person from funds appropriated or otherwise available to the Execu tive Branch of the State Government.

(b) Counties and municipalities wherein the crime was com mitted are hereby authorized, but not required, to supplement or make rewards to persons pursuant to subsection (a) of this Section in an amount not to exceed $200.00 paid from county funds and $200.00 paid from municipal funds for each such person. Any re wards paid pursuant to this Section shall be paid at the time the conviction becomes final from the funds of any such county or municipality or from the funds of any such county and municipality, as the case may be. It is hereby declared that any funds expended pursuant to this subsection shall be expended for a public purpose.

(c) When more than one person furnishes information which would entitle them to receive the rewards pursuant to subsections (a) and (b) of this Section, such rewards shall be paid to the first person furnishing such information, and if more than one per son furnishes such information at the same time, such rewards shall be pro rated among all persons furnishing such information."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

On the adoption of the substitute, the ayes were 35, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to by substitute.

On the passage of the bill, the ayes were 31, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

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JOURNAL OF THE SENATE,

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

The Conference Committee report was as follows:
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 696 has met and makes the fol lowing recommendations.
That the Senate and House recede from their respective positions on said bill and adopt the attached Substitute to HB 696.
Respectfully submitted,
FOR THE SENATE: /a/ A. W. Holloway
Senator, 12th District /s/ Edward H. Zipperer
Senator, 3rd District /s/ Leroy Johnson
Senator, 38th District
FOR THE HOUSE: /s/ Joseph A. Battle
Representative, 90th District /s/ Edwin G. Mullinax
Representative, 30th District /s/ Arthur Gignilliat
Representative, 89th District
A BILL
To be entitled an Act to establish a minimum wage for certain em ployees within the State of Georgia; to provide for a short title; to provide for the administration and enforcement of the Act; to prescribe civil penalties; to provide for exemptions; 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 cited as the "Georgia Minimum Wage Law".

SATURDAY, FEBRUARY 21, 1970

1859

Section 2. Every employer except farm owner, share cropper, or land renter, whether a person, firm or corporation, shall pay to all covered employees a minimum wage which shall be not less than $1.25 per hour for each hour worked in the employment of such employer.

Section 3. The Commissioner of Labor shall administer and enforce this Act, and may make rules and regulations as necessary for such administration.
Section 4. Every employer, who or which is subject to the provisions of this Act or of any regulation pursuant thereto, shall maintain records showing the hours worked by each employee and the wages paid to him, and shall furnish the Commissioner upon demand a sworn statement of the hours worked and wages paid to each person in his or its employ ment covered by this Act. The records covering such hours and pay ments shall be open to inspection by the Commissioner, his deputy or any authorized agent of the department at any reasonable time. Each employer subject to the provisions of this Act shall post copies of any regulation or order issued pursuant to its provisions in a conspicuous place in an area where his employees frequent.
Section 5. If any employer pays any employee a lesser amount than the minimum wage provided in this Act, the employee, at any time within (3) years, may bring a civil action for the recovery of the dif ference between the amount paid and the minimum wage provided in this Act, plus an additional amount equal to the original claim, which shall be allowed as liquidated damages, together with costs of such reasonable attorney's fees as may be allowed by the court. No contract or agreement between any employer and his employees nor any accep tance of a lesser wage by any employee shall bar the action.
Section 6. The provisions of this Act shall not apply to any em ployer who is subject to the minimum wage provisions of any Act of Congress as to employees covered thereby, nor shall it apply to the em ployers of domestic employees.
Section 7. (a) The Commissioner of Labor is authorized to grant exemptions to certain categories of organizations and businesses for the purpose of exempting them from the operation of this Act. The exemp tions granted herein shall be based upon considerations as to the value of allowing certain classes of persons to be employed at rates below the minimum rate because of overriding considerations of public policy to allow employment to certain handicapped persons, and others who cannot otherwise compete effectively in the Labor Market.
(b) The Commissioner of Labor is hereby authorized to conduct investigations and compile information as to the reasons for granting exemptions to certain persons and organizations, that they may be exempted from this Act for the reasons set out in Section 7 (a). The Commissioner is hereby required to maintain a list of such exemptions, along with the records of the investigations conducted, and the basis for the granting of such exemption and said list <^f such exemptions and records and investigations and the basis for granting such exemptions shall be a public record.

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(c) Newspaper carriers are expressly excluded .from the pro visions of this Act.

Section 8. The provisions of this Act shall not apply with respect to:

(a) any employer that has sales of $40,000 per year or less; or

(b) any employer having five employees or less; or

(c) any employee whose compensation consists wholly or partially of gratuities; or

(d) any employee who is a high school or college student.

Section 9. 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 Conference Committee report on HB 696.

On the motion, the ayes were 41, nays 1; the motion prevailed, and the Conference Committee report on HB 696 was adopted.

The following bill of the Senate was taken up for the purpose of considering a House substitute thereto:

SB 452. By Senator Kidd of the 25th:
A bill to amend an Act regulating and providing for the supervision of the business of private employment agencies, so as to redefine the terms "employment agent" or "employment agency"; to increase the bond of the employment agencies; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend an Act regulating and providing for the supervision of the business of private employment agencies, ap proved March 17, 1959 (Ga. Laws 1959, p. 283), so as to increase the bond of employment agencies; to require employment agency fran chisors to obtain a license and a bond; to define "franchisor" and "fran chisee"; to require employment agencies to furnish a copy of the con tract to each applicant; to change the penalties for violations of the provisions of this Act; to repeal conflicting laws; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1861

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act regulating and providing for the supervision of the business of private employment agencies, approved March 17, 1959 (Ga. Laws 1959, p. 283), is hereby amended by striking from subsec tion (i) of Section 1 the words, symbols and figure

"one thousand ($1,000.00) dollars"

and inserting in lieu thereof the words, symbols and figure
"two thousand ($2,000.00) dollars, or should a person or firm be the holder of several licenses, then bond or bonds totaling ten thousand ($10,000.00) dollars shall be sufficient,"

so that subsection (i) of Section 1, when so amended, shall read as follows:
"(i) Every application for a license shall be accompanied by a bond in the sum of two thousand ($2,000.00) dollars, or should a per son or firm be the holder of several licenses, then bond or bonds total ing ten thousand ($10,000.00) dollars shall be sufficient, with a duly licensed and authorized surety company, to be approved by the Com missioner of Labor and filed in the office of the Commissioner of Labor, and shall be conditioned that the person applying for the license will comply with the provisions of this Act and with the terms of each and every agreement entered into and between said person and any employee or employer, and that the applicant shall return to the employee or employer all moneys paid out by him, as set forth in Section 3 of this Act, as well as any money or valuable consideration of any kind or nature taken wrongfully from or suf fered by the employer or employee. If, at any time, in the opinion of the Commissioner of Labor, any of the sureties shall become irresponsible, the person holding the license shall, upon written notice from the Commissioner of Labor, furnish a new bond, sub ject to the provisions of this Section. Failure to furnish a new bond within fifteen (15) days after such notice, in the discretion of the Commissioner of Labor, shall operate as revocation of such license and license shall thereupon be returned to the Commissioner of Labor who shall revoke same."
Section 2. Said Act is further amended by adding a new subsec tion at the end of Section 1 to be designated subsection (t) to read as follows:
"(t) Employment agency franchisors operating in the State of Georgia shall obtain licenses as provided herein, but such em ployment agency franchisors shall not be required to obtain more than one license unless they operate such employment agency fran chises as company owned businesses. The provisions of subsections (b) and (c) of this Section shall not apply to employment agency franchisors. Franchisors shall continue to file applications of their

1862

JOURNAL OF THE SENATE,

licenses annually and comply with all terms of renewal as other wise required of licensees under this Act, so long as there is operat ing within this State any franchisee of said franchisor. Each ap plication for a license by a franchisor shall be accompanied by a bond in the sum of twenty thousand ($20,000.00) dollars. The license fee for franchisors shall be five hundred ($500.00) dollars annually.
'Franchisor' shall mean a person, firm or corporation who, for a fee or a royalty, grants to another who is an employment agent or agency, the right and permission to use a certain name, symbol, slogan, systems, procedures or documents.
'Franchisee' shall mean a person, firm or corporation who operates or contemplates operating as an employment agent or agency and who pays or agrees to pay a fee or royalty to another for the right and permission to use a certain name, symbol, slogan, systems, procedures or documents. The license of any agent or agency who enters into a franchise agreement with a franchisor who is not duly licensed in the State of Georgia shall automatically be revoked."
Section 3. Said Act is further amended by striking subsection (a) of Section 3 in its entirety and inserting in lieu thereof a new subsec tion (a) of Section 3 to read as follows:
"(a) Every employment agency shall enter into a written agreement or contract with every employee for services to be ren dered and the agreement or contract shall contain the employment agency's service charges to the employee, the time and method of payment and the definition of 'accepted employment', 'temporary employment', charge for 'supposedly permanent employment which proves to be temporary', charge for 'accepting the employment and not reporting for duty' and 'method of payment'. The employment agency shall furnish each applicant a specimen copy of any such agreement or contract at the time he signs such contract or agree ment. Provided that nothing herein shall be construed to prohibit an employment agency from making arrangements by wire or tele phone without said employee having first entered into a written agreement or contract with the employment agency, in which event the agreement or contract from the employment agency must be dispatched to the employee immediately after the employee has been so directed by wire or telephone to the employer or the em ployer has been directed to the employee."
Section 4. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. Penalties. Any person, firm or corporation violat ing any of the provisions of this Act shall be guilty of a misde meanor, and upon conviction thereof, shall be punished as for a misdemeanor. In addition thereto any person, firm or corporation violating any of the provisions of this Act shall be prohibited from engaging in the private employment agency business in Georgia in any manner for a period of two years from the date of knowledge of any violation by the Commissioner of Labor."

SATURDAY, FEBRUARY 21, 1970

1863

Section 5. 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 substi tute to SB 452.

On the motion, the ayes were 42, nays 0; the motion prevailed, and the House substitute to SB 452 was agreed to.

The following bill of the House was taken up for the purpose of considering a Conference Committee report thereto:

HB 1155. By Mr. Jones of the 59th:
A bill to prohibit certain activities by legislators and other State of ficials, employees and appointees of the legislative, executive and ju dicial branches of the State government and to regulate the conduct of said persons; and for other purposes.

The Conference Committee report was as follows:
Mr. President:
Mr. Speaker:
Your Conference Committee on HB 1155 has met and cannot agree. The conferees feel that the differences between the Senate and House are irreconcilable. We therefore, recommend that no new conference committee be appointed.
Respectfully submitted,
FOR THE SENATE:
/s/ R. Eugene Holley Senator, 22nd District
/s/ Frank C. Vann Senator, 10th District
/s/ T. A. Starr Senator, 44th District
FOR THE HOUSE:
/s/ Charles M. Jones Representative, 59th District
/s/ Wm. J. Lee Representative, 21st District
/s/ Devereaux McClatchey Representative, 113th District

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JOURNAL OF THE SENATE,

Senator Holley of the 22nd moved that the Senate adopt the Conference Committee report to HB 1155.

On the motion, the ayes were 35, nays 1; the motion prevailed, and the Con ference Committee report on HB 1155 was adopted.

The following resolution of the Senate was taken up for the purpose of con sidering House amendments thereto:
SR 280. By Senators Patton of the 40th and Pennington of the 45th: A resolution authorizing and directing the State Highway Department to determine the boundaries of certain rights-of-way along Roswell Road in Fulton County, which are surplusage, and authorizing and directing the Governor to deed the said surplusage to adjoining landowners; and for other purposes.
The House amendments were as follows:
Amend SR 280 by changing the period to a semi-colon after the word "herein" in line 4 on Page 2 and inserting the following:
"Provided, however that such conveyances shall be subject to the rights and easements of any public utility having facilities lo cated over, along or under the property being conveyed or being used to render service to the public."
by striking the last sentence thereof, and substituting the following:
"Where the State Highway Department of Fulton County has paid a consideration for such surplus property a proportionate part of such consideration shall be refunded before the deed is executed,"
Senator Pennington of the 45th moved that the Senate agree to the House amendments to SR 280.
On the motion, the ayes were 38, nays 0; the motion prevailed, and the House amendments to SR 280 were agreed to.

The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

SATURDAY, FEBRUARY 21, 1970

1865

HB 1388. By Messrs. Adams of the 100th, Wilkerson of the 103rd, Hawes of the 95th and others:
A bill to amend an Act authorizing the Clerk of the Superior Court of any County or the State to install and use photostatic equipment or other photographic equipment, so as to authorize the Ordinary of any county to install and use similar equipment; and for other purposes.

The Committee on Judiciary offered the following substitute:
A BILL
To be entitled an Act to amend "an Act to authorize the Clerk of the Superior Court of any County of the State to install and use photostatic equipment or other photographic equipment ... to repeal con flicting laws; and for other purposes" approved February 26, 1957, Ga. Laws 1957, page 121, so as to authorize the Ordinary of any county to install and use similar equipment; to provide for the storage of seldom used records in places other than the courthouse; to provide that records not required by law to be kept may be photographed and destroyed and a reproduction thereof may be used as the highest and best evidence even though the original has been destroyed; to set standards of quality of micro and photostatic reproduction; the repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. "An act to authorize the Clerk of the Superior Court of any County of the State to install and use photostatic equipment or other photographic equipment ... to repeal conflicting laws; and for other purposes," approved February 26, 1957, Ga. Laws 1957, page 121, is hereby amended by striking Section in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. The Clerk of the Superior Court and the Ordinary of any county of this State may install and use photostatic equip ment, including micro equipment, in recording, copying and fur nishing copies of any and all instruments, records and proceedings or parts of the same, of record or on file in said office, with the consent and permission only of the governing county authority. Such equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. The provisions of this Act for the installation and use of such equip ment shall be construed to be permissive only, and are cumulative of existing provisions of law. Provided, however, that should such equipment be purchased as authorized herein, the use of such equipment shall be mandatory insofar as practical. Provided, how ever, that the photographic or photostatic reproductions so made by the counties shall meet the standard specifications of the United States Bureau of Standards as regards permanency and quality."

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JOURNAL OP THE SENATE,

Section 2. Said Act is further amended by adding a new section be tween Section 2 and Section 3 which shall be designated Section 2A, to read as follows:

"Section 2A. It shall not be necessary to keep or maintain seldom used records in the courthouse provided same have been photographed through microscopic procedures and at least two re productions of same are maintained, one in the courthouse and a security negative at the Department of Archives and History. Pro vided, however, that any records required by law to be kept, main tained by any officer of either court here involved may not be destroyed when they have been microfilmed and their original purpose has been served; and that the original official record shall be deposited in the custody and care of the Department of Archives and History or in a safe depository meeting standards set up by the Secretary of State and the Director of the Archives Department. Any record maintained by any officer of either court here involved which is not an official record required by law to be kept when its original purpose has been served, may be destroyed only in accordance with the provisions set up in the county-Mu nicipal Records Manual or after approval of the Director of the Department of Archives and History and the Secretary of State of destruction lists submitted on forms provided by said Depart ment. Any reproduction thereof, including microfilm, shall be ad missible in any court wherein the same is pertinent as though it were the original, even though the original has been destroyed."

Section 3. By striking the phrase "excluding" in line three of the preamble to said Act and the word "excluding" in line three of Section 1 of said Act and by inserting in lieu thereof the word "including."

Section 4. All laws and parts of laws in conflict herewith are hereby repealed.

On the adoption of the substitute, the ayes were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, the ayes were 36, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.

The following bill of the Senate was taken up for the purpose of consider ing a House substitute thereto:

SATURDAY, FEBRUARY 21, 1970

1867

SB 250. By Senator Walling of the 42nd:
A bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceed ings; to provide for judgment; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Chapter 61-3, relating to pro ceedings against tenants holding over, as amended, particularly by an Act approved March 27, 1947 (Ga. Laws 1947, p. 657) and an Act ap proved February 11, 1957 (Ga. Laws 1957, p. 18), so as to provide for notice to the tenant of the proceedings; to provide for a trial of the issues in accordance with procedures established for courts of record; to provide for the tenant's remaining in possession during the litiga tion; to provide for payment of rent to provide for payment or ac counting to the court for back rent allegedly owed; as it becomes due into court during the litigation, to provide for disbursement of the rent money paid into court; to provide for judgment; to provide for appeals, to provide a procedure for payment by the tenant of all rent allegedly owed plus the cost of the dispossessory warrant as a defense to the action; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, particularly by an Act approved March 27, 1947 (Ga. Laws 1947, p. 657), and an Act approved Febru ary 11, 1957 (Ga. Laws 1957, p. 18), is hereby amended by striking in its entirety Code Section 61-302 and inserting in lieu thereof a new Code Section 61-302 to read as follows:
"61-302 (a) When the affidavit provided for in 61-301 shall be made, the judge of the Superior Court or justice of the peace before whom it was made shall grant and issue a summons to the sheriff or his deputy, or any lawful constable of the county where the land lies, a copy of which, together with a copy of the affi davit, shall be personally served upon the Defendant. If the sheriff is unable to notify the Defendant personally, notice may be given by delivering said summons and affidavit to any person sui juris residing on the premises. If the sheriff, after a diligent investiga tion, has reason to believe that the premises are vacant and have been vacant for a period exceeding one month, and that personal service as previously provided herein cannot be made, he shall go before the presiding judge of any court of record in the county in which the premises are located and relate his reasons for believing the premises to be, and to have been, vacant for a period exceeding one month. The judge of the Superior Court or justice of the peace may then order the officer to tack a copy of said summons and affi-

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davits on the door of the premises and also to dispatch notice in a registered letter to the Defendant at the address of the premises involved.

(b) The summons served on the Defendant pursuant to SubSection (a) shall command and require the tenant to appear at a hearing on a day certain not less than five nor more than twenty days from the date of actual service."

Section 2. Said Code Chapter is further amended by striking Code Section 61-303 in its entirety and inserting in lieu thereof a new Code Section to read as follows:

"61-303 Answer and Trial
At or before the time of the hearing the Defendant may answer in writing. Also, the Defendant may answer orally at the time of the hearing. If the answer is oral, the substance thereof shall be endorsed on the dispossessory affidavit. The answer may contain any legal or equitable defense, or counterclaim. If the Tenant fails to answer, the Court shall issue a writ of possession.
If the Tenant answers, a trial of the issues shall be had in accordance with procedures prescribed for civil actions in Courts of Record. Every effort should be made by the Trial Court to expe dite a trial of the issues. The Defendant shall be allowed to remain in possession of the premises pending the final outcome of the litigation; provided, however, if determination of the litigation cannot be terminated within one month from the date of the original affidavit, the Tenant shall be required to pay rent into the registry of the Court pursuant to Section 3 of this Act.
Section 3. Said Code Chapter is further amended by striking Code Section 61-304 in its entirety and inserting in lieu thereof a new Code Section to read as follows:
"61-304 Payment of Rent into Court
In any case where the issue of the right of possession cannot be finally determined within one month from the date of the original affidavit, the Tenant shall be required to pay into the registry of the Trial Court:
(a) All rent which becomes due after the issuance of the dis possessory warrant as said rent becomes due. If the Landlord and Tenant disagree as to the amount of rent, the parties, or one of them, may submit to the Court any written rental contract for the purpose of establishing the amount of rent to be paid into the registry of the Court. If the amount of rent is in controversy and no written rental agreement exists between the Tenant and Land lord, the Court shall require as the amount of rent a sum equal to the last previous rental payment made by the Tenant and ac cepted by the Landlord without written objection.

SATURDAY, FEBRUARY 21, 1970

1869

(b) All rent allegedly owed prior to the issuance of the dispossessory warrant provided, however, that in lieu of such payment the Tenant shall be allowed to submit to the Court either a receipt indicating that payment has been made to the Landlord or an ac counting of out-of-pocket expenditures which the Tenant has ac tually made to effect necessary repairs or to pay for damages in curred due to the Landlord's alleged failure to make repairs. In the event that the amount of rent is in controversy, the Court shall determine the amount of rent to be paid into Court in the same manner as expressed in Sub-Section (a) of this section.

(c) If the Tenant should fail to make any rental payment as it becomes due pursuant to Sub-sections "a" or "b" of this sec tion, 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.

(d) The Court shall order the Clerk of the Court to pay the Landlord the payments paid into the registry of the Court as the said payments are made, provided, however, that if the Tenant claims that he is entitled to all or any part of said fund and such claim is an issue of controversy in the litigation the Court shall order the Clerk to pay the Landlord without delay only that por tion of the fund to which the Tenant has made no claim in the proceedings. That part of the fund which is a matter of controversy in the litigation shall remain in the registry of the Court until a final determination of the issues.

Section 4. Said Code Chapter is further amended by striking Code Section 61-305 in its entirety and inserting in lieu thereof a new Code Section to read as follows:

"61-305 Judgment and Satisfaction

(a) If, on the trial of the case, judgment is against the Tenant, judgment shall be entered against the tenant for all rents due and for any other claim relating to the dispute.

(b) If judgment is for the Tenant, he shall be entitled to remain in the premises and the Landlord shall be liable for all fore seeable damages shown to have been caused by his wrongful con duct. Any funds remaining in the registry of the Court shall be dis tributed to the parties in accordance with the judgment of the Court.

Section 5. Said Code Chapter is further amended by striking in its entirety Code Section 61-306, and inserting in lieu thereof a new Code Section 61-306, to read as follows:
"61-306 Appeal
Any judgment by the Trial Court shall be appealable pursuant to Title 6 of the Georgia Code Annotated. If the judgment of the Trial Court is against the Tenant and the Tenant appeals this judg-

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ment, the Tenant shall remain in possession of the premises; pro vided, however, that the Tenant shall be required to pay rent into the registry of the Trial Court pursuant to Section 3 (a) of this Act until the issue has been finally determined on appeal.

Section 6. Said Code Chapter is further amended by adding the following in its entirety:

Offer of Payment by the Tenant

In an action for non-payment of rent, the Tenant shall be al lowed to tender, within seven days of the day the Tenant was served with the summons pursuant to Section 1 of this Act, to the Landlord all rents allegedly owed plus the cost of the dispossessory warrant. Such a tender shall be a complete defense to the action; provided, however, that a Landlord is required to accept such a tender from any individual Tenant after the issuance of a dis possessory summons only once in any twelve-month period.

Senator Walling of the 42nd moved that the Senate agree to the House substitute to SB 250 with the following amendment:
Amend by striking from Section 3, quoted Section 61-304 (b), the following:
(a) the word "either" appearing in line 16.
(b) the words "or an accounting of out-of-pocket expenditures which the tenant has actually made to effect necessary repairs or to pay for damages incurred due to the landlord's alleged failure to make repairs."

On the motion, the ayes were 32, nays 0, and the House substitute was agreed to as amended.

The following resolution of the Senate was taken up for the purpose of con sidering House action thereto:

SR 197. By Senators Smith of the 18th, Holloway of the 12th and Adams of the 26th:
A resolution proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; to provide for the payment of such debt; to create the Georgia State Financing and Investment Com mission; to provide for the submission of the amendment for ratifica tion or rejection; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1871

Senator Smith of the 18th moved that the Senate adhere to its disagreement to the House substitute, and that a Conference Committee be appointed.

On the motion, the ayes were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SR 197.

The President appointed as a Conference Committee on the part of the Senate the following:

Senators Holloway of the 12th, Smalley of the 28th and Adams of the 26th.

The following resolution of the House was taken up for the purpose of con sidering House action thereto:

HR 716. By Messrs. Chandler of the 34th and Pafford of the 64th:
A resolution relative to architectural and engineering firms doing business with the State; and for other purposes.

Senator Smalley of the 28th moved that the Senate recede from its amend ment to HR 716.

On the motion, the ayes were 35, nays 7; the motion prevailed, and the Senate receded from its amendment to HR 716.

Senator Webb of the llth moved that the Senate reconsider its action in insisting on its substitute to the following bill of the House:

HB 1561. By Mr. Smith of the 43rd:
A bill to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative there to; and for other purposes.

On the motion, the ayes were 42, nays 0, and the motion prevailed.

Senator Webb of the llth moved that the Senate recede from its substitute to the following bill of the House:

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HB 1561. By Mr. Smith of the 43rd:
A bill to create the "Constitutional Amendments Publication Board"; to provide for membership; to provide for other matters relative there to; and for other purposes.

On the motion, the ayes were 43, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 1561.
The following resolutions of the Senate were read and adopted:
SR 361. By Senator Zipperer of the 3rd: A resolution congratulating Mr. and Mrs. James Forrester Zipperer; and for other purposes.
SR 362. By Senator Zipperer of the 3rd: A resolution congratulating Mr. and Mrs. George Millard Arnold; and for other purposes.
SR 364. By Senators Holloway of the 12th, Gillis of the 20th, Broun of the 46th and others: A resolution commending Honorable Hamilton McWhorter, Jr.; and for other purposes.
SR 365. By Senator Eldridge of the 7th: A resolution expressing regrets at the passing of the Honorable William King Ponsell; and for other purposes.
SR 366. By Senator Holloway of the 12th: A resolution relative to adjournment (sine die) ; and for other purposes.
The following bill of the House, favorably reported by the committee, was read the third time, and put upon its passage:

HB 1615. By Messrs. Floyd, Higginbotham, Davis and Westlake of the 75th and others:
A bill to make it unlawful for any real estate agent or broker to induce for profit any person to sell or rent his dwelling by the use of repre-

SATURDAY, FEBRUARY 21, 1970

1873

sentations that a person or persons of a particular race, color, religion or national origin are planning to rent or buy in the neighborhood; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, Senator Johnson of the 38th called for the ayes and nays, and the call was sustained.

A roll call was ordered, and the vote was as follows:

Those voting in the affirmative were Senators:

Abney Adams of 5th Adams of 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 Holloway Hudgins Jackson Kennedy Kidd London McGill Plunkett Reeder Reynolds

Rowan Scott Smalley
Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Webb Young Zipper er

Those voting in the negative were Senators:

Coggin Johnson

Pennington Searcey

Ward

By unanimous consent, verification of the roll call was dispensed with.

On the passage of the bill, the ayes were 45, nays 5.

The bill, having received the requisite constitutional majority, was passed.

The following resolutions of the House, favorably reported by the com mittees, were read the third time, and put upon their passage:

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JOURNAL OF THE SENATE,

HR 614. By Mr. Williams of the llth:
Creating the Governor's Traffic Study Committee; 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 38, nays 0.

The resolution, having received the requisite constitutional majority, was adopted.

HR 848. By Mr. Bray of the Slst:
A resolution authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Meriwether 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 37, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
HR 850. By Messrs. Murphy of the 19th, Busbee of the 61st, Paris of the 14th and others: A resolution creating the "Central Printing Agency 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 34, nays 1.

The resolution, having received the requisite constitutional majority, was adopted.

SATURDAY, FEBRUARY 21, 1970

1875

The following bills of the House, favorably reported by the committees, were read the third time, and put upon their passage:

HB 683. By Messrs. Holder of the 49th and Smith of the 3rd:
A bill to amend an Act entitled "An Act to provide for the inspection of public records; and for other purposes", so as to exempt from the provisions of said Act records which are required by the Federal Government to be kept confidential and medical records and similar files, the disclosure of which would be an invasion of personal privacy; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 40, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 841. By Mr. Lambert of the 25th: A bill to amend Code Section 56-2004, relating to the qualifications required of Farmers' Mutual Fire Insurance Companies, so as to change the qualifications required prior to the issuance of a certificate of 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 32, nays 0.
The bill, having received the requisite constitutional majority, was passed.

HB 1206. By Mr. Busbee of the 61st: A bill to amend an Act providing the duties and expenses of the judges emeritus of the superior courts, so as to provide that judges emeritus of the superior courts may serve in any judicial circuit in this State; and for other purposes.
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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JOURNAL OF THE SENATE,

On the passage of the bill, the ayes were 33, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1346. By Messrs. Reaves of the 71st and Collins of the 62nd:
A bill to amend an Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act", so as to exempt fish feed from the taxes imposed by said Act; and for other purposes.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, the ayes were 31, nays 3.

The bill, having received the requisite constitutional majority, was passed.

HB 1364. By Messrs. Odom of the 61st, Floyd of the 7th and Harrison of the 66th:
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.

The report 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 1377. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend Code Section 100-108, relating to bonds given by State depositories, and to the giving of securities in lieu of bonds, so as to authorize the use of loans guaranteed by the Georgia Higher Educa tion Assistance Corporation as security for deposits of State funds; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1877

The report 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 1459. By Messrs. Barber of the 15th and Russell of the 70th:
A bill to amend an Act creating the Georgia Higher Education As sistance Corporation, so as to authorize the Executive Director of said Corporation to employ personnel, to contract for services and to ex pend funds 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 30, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1535. By Mr. Adams of the 100th: A bill to amend an Act known as the "Children and Youth Act", so as to provide that nothing in this Act shall be construed to apply to private homes or private day care centers; and for other purposes.
The report 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 1550. By Messrs. Gaynor of the 88th, Odom of the 61st, Longino of the 98th and Jordan of the 47th:
A bill to amend Code Section 13-2021, relating to loans upon or pur chase of bank stock by banks, so as to prohibit loans by banks on its

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capital notes or debentures and to prohibit purchases by banks of its capital notes or debentures; and for other purposes.

The report 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 1640. By Messrs. Harris, Farrar, Thomason and Levitas of the 77th and others:
A bill to amend an Act creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, so as to change, enlarge, and extend the corporate limits of the City of Decatur by the incorporation of additional and contiguous territory therein; and for other purposes.

The report 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 1737. By Mr. Murphy of the 19th: A bill to authorize Superior Court Clerks in all counties where the clerks are on a salary basis to invest funds deposited in the Registry of the Court, to define investments in which such funds may be made; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1879

The report 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 Chair stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Lester G. Maddox in communications to the Senate on February 9, February 13 and February 16.

Senator Rowan of the 8th asked unanimous consent that the reading of appointments be dispensed with since they had been printed and distributed by the Secretary to each Senator and that one roll call suffice on all appointments.

The consent was granted.

The Chair stated that unless a Senator desired to vote on any appointment individually that one roll call would be had on all appointments listed in the hereinabove mentioned communications from His Excellency, Governor Lester G. Maddox.

The roll was called, 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 Padgett Pennington Plunkett Reeder Reynolds

Rowan Scott Searcey Smalley Smith of 18th Smith of 34th Spinks Starr Stephens Trippe Tysinger Vann Walling Ward Webb Young Zipperer

1880

JOURNAL OF THE SENATE,

By unanimous consent, verification of the roll call was dispensed with

On the confirmation of the appointees, the ayes were 52, nays 0, and all the appointments in the hereinabove referred to communications from His Ex cellency, Governor Lester G. Maddox were confirmed for the offices and terms shown in the following communications from the Secretary of the Senate to His Excellency, Governor Lester G. Maddox:
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 February 26, 1970
Honorable Lester G. Maddox, Governor State Capitol Atlanta, Georgia
Dear Governor:
Under the rules of the Georgia State Senate governing confirmations of appointments submitted to you, I have the honor to report to you as follows:
Honorable James M. Watts of Baldwin County as Solicitor of the County Court of Baldwin County for a term beginning February 16, 1970, and ending February 2, 1974. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.
Respectfully submitted,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334 February 27, 1970
Honorable Lester G. Maddox, Governor State Capitol Atlanta, Georgia
Dear Governor:
Under the rules of the Georgia State Senate governing confirma tions of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 9 and 13, 1970, were acted upon by the Georgia State Senate in session on February 21, 1970, with the following results:

SATURDAY, FEBRUARY 21, 1970

1881

Honorable H. Zack Smith, Jr., of Bulloch County as a member of the State Board for Children and Youth for a term beginning Febru ary 11, 1970, and ending July 1, 1973. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Dr. R. Hunter Rackley of Jenkins County as a member of the Board of Dental Examiners of Georgia for a term beginning February 13, 1970, and ending March 15, 1974. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Richard Royal of Mitchell County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable William A. Crider Jr., of Coffee County as a member of the Georgia Poultry Inspection Commission for a term beginning1 June 30, 1970, and ending June 30, 1973. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Rik Bridges of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Rickey Stephens of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor. The vote on this confirma tion was ayes 52, nays 0, and the nominee was confirmed.

Miss Vicky Perry of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Rick DaPrato of Dougherty County as a member of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Harvey Averett Walker of Mitchell County as a mem ber of the Georgia Youth Council for a term beginning February 13, 1970, and serving at the pleasure of the Governor. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Mrs. Mary Austin of Paulding County as a member of the Board of Examiners of Practical Nurses of Georgia, for a term beginning April 1, 1970, and ending April 1, 1974. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable L. R. Tucker of Franklin County as a member of the Georgia Poultry Inspection Commission for a term beginning February

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JOURNAL OP THE SENATE,

9, 1970, and ending June 30, 1972. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable George L. Cagle of Fulton County as a member of the Georgia Poultry Inspection Commission for a term beginning February 9, 1970, and ending June 30, 1972. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.
Honorable Tom Arrendale of Habersham County as a member of the Georgia Poultry Inspection Commission for a term beginning February 9, 1970, and ending June 30, 1972. The vote on this con firmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Walter J. (Bill) Schimmel of Clarke County as a mem ber of the Georgia Poultry Inspection Commission for a term beginning February 9, 1970, and ending June 30, 1972. The vote on this confirma tion was ayes 52, nays 0, and the nominee was confirmed.

Honorable Ralph Mobley of Fulton County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Homer Wilson of Hall County as a member of the Geor gia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Al Burris of Cobb County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973. The vote on this confirmation was ayes 52. nays 0, and the nominee was confirmed.

Honorable James Evans, Jr. of Hall County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Honorable Horace Sewell of Whitfield County as a member of the Georgia Poultry Inspection Commission for a term beginning June 30, 1970, and ending June 30, 1973. The vote on this confirmation was ayes 52, nays 0, and the nominee was confirmed.

Appointments to the Georgia Youth Council:

Joseph Richard Martin Box 8 Valdosta, Georgia 30473
Robert Jason Conner Route 1, Box 2 Mount Vernon, Georgia 30445

Ira Joe Johnson Route 1, Box 160-B Dry Branch, Georgia 31020
Karen Lynn Benson 3530 Malatche Drive Columbus, Georgia 31907

SATURDAY, FEBRUARY 21, 1970

1883

Ronald Franklin Gilbert P. O. Box 584 Hawkinsville, Georgia 31036
Bunny Fuller Route #1 Reynolds, Georgia 31076
Jerry Parker Allums P. O. Box 86 Hawkinsville, Georgia 31036
Susan Lynn Young Route #1 Reynolds, Georgia 31076
William LaRoy Barrow P. O. Box 154 Butler, Georgia 31006
Steve Bradley 1835 Almeta Avenue, N.E. Atlanta, Georgia 30307
Mark Scott 1388 Bubbling Creek Road Atlanta, Georgia 30319
William Anderson Flowers 1932 Cindy Drive Decatur, Georgia 30032
Ricky Briggs 1549 North Springs Drive Dunwoody, Georgia 30338
Jack Loyd Haynes 1538 Dunex Hill Lane, N.E. Atlanta, Georgia 30329
Steven Alexander Jakes 1728 Mary Lou Lane, S.E. Atlanta, Georgia 30304
Darrell Holmes 2973 Clifton Church Road Atlanta, Georgia 30316
Clifton N. Irby 27 Lakeshore Drive Avondale Estates, Georgia 30032
James B. Wooten 2361 Glendale Drive Decatur, Georgia 30032
Nick Moraitakis 964 Biltmore Drive, N.E. Atlanta, Georgia 30329
Rebecca Jo Lance 2031 Mesa Drive, S.E. Atlanta, Georgia 30316
Larry Kaplan 1421 Stephens Drive, N.E. Atlanta, Georgia 30329

Vicki Janet Smith 1149 Powell Court Atlanta, Georgia 30329
Bob Havely 175 Spalding Drive Atlanta, Georgia 30328
Steven Wilson Route #2 Locust Grove, Georgia 30248
Robert Morgan Conner 289 Wesley Circle Macon, Georgia 31204
James Troy Chafin III Route #2, Box 350 McDonough, Georgia 30253
Patrick Joseph McKenna 2358 Old Holton Road Macon, Georgia 31204
Al Duke 505 South Cherokee Street LaFayette, Georgia 30728
Raymond Logan Fowler Box 866 Douglasville, Georgia 30134
Steve Gentry 2605 Mack Smith Road Rossville, Georgia 30741
Phil Scoggins 306 Warthen Street LaFayette, Georgia 30728
Jennifer James 3852 Temple Street Lithia Springs, Georgia 30057
Lee Malcolm Gillis Box 83 Hazelhurst, Georgia 31539
Nancy Anne Avriett 115 Virginia Avenue Homerville, Georgia 31634
Pam Wooten P. O. Box 127 Hazelhurst, Georgia 31539
Sandra Lee Wade Star Route Blairsville, Georgia 30512
Jane Exley 5181 South Dearing Street Covington, Georgia 30209
Robert A. Burnett P. O. Box 381 Oxford, Georgia 30267

1884

JOURNAL OF THE SENATE,

Huanne Moore 5106 Jackson Road Covington, Georgia 30209
Patricia Alien P. O. Box 1016 Covington, Georgia 30209

Hugh Hudson 4135 Howard Street Covington, Georgia 30209
David Persons Birdsong College Street Monticello, Georgia 31064

On the confirmation the ayes were 52, nays 0, and all the hereinabove nominees were confirmed to serve on the Georgia Youth Council at the pleasure of the Governor.

Respectfully submitted,

/s/ 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 and resolutions of the House and Senate, to-wit:

SB 340. By Senator Holloway of the 12th:
A bill to amend Code Section 92-4611, relating to the duties of tax receivers, so as to provide that it shall be the duty of the tax receiver to enter upon the digest an itemization of all properties exempt from taxation; and for other purposes.

SB 374. By Senator Padgett of the 23rd:
A bill to amend Code Chapter 77-5, relating to the State Board of Pardons and Paroles; so as to provide for the designation of a person to act in the place of a member of said Board; and for other purposes.

SB 436. By Senator Webb of the llth:
A bill to amend Code Titles 26 and 27, relating to criminal law, as amended, so as to provide a means for combatting organized crime; and for other purposes.

SB 341. By Senator Holloway of the 12th:
A bill to provide that the State Revenue Commissioner shall examine the tax digests of the several counties in order to determine valuation of various classes of property; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1885

SB 404. By Senator Chapman of the 32nd:
A bill to authorize and empower the State Department of Family and Children's Services to reimburse County Commissioners for certain welfare costs; and for other purposes.

SB 414. By Senator Kidd of the 25th:
A bill to amend Code Chapter 88-24, relating to the rights of certain state employees contracting infectious hepatitis; and for other purposes.

SB 443. By Senator Kidd of the 25th:
A bill to amend an Act known as the "Georgia Military Forces Re organization Act of 1955"; so as to change the qualifications of the Adjutant General; and for other purposes.

SB 459. By Senators Smith of the 18th and Gillis of the 20th: A bill to amend Code Section 47-107, relating to the salary of members of the General Assembly; and for other purposes.
SB 468. By Senator Walling of the 42nd: A bill to provide for home rule for municipalities so as to clarify the provisions thereof; and for other purposes.
SB 478. By Senator Holloway of the 12th: A bill requiring the State Revenue Commissioner to examine the tax digests of several counties for a comparative valuation; and for other purposes.
SB 537. By Senator Adams of the 5th: A bill to amend an Act consolidating several Acts incorporating the City of Brunswick in relation to personal property tax returns; and for other purposes.
SB 540. By Senator Webb of the llth: A bill to amend an Act placing the clerk of the superior court of Seminole County on a salary basis; and for other purposes.
HB 1727. By Messrs. Smith and Caldwell of the 39th: A bill to amend the Act creating the Board of Commissioners for Lamar County, so as to increase the compensation thereof; and for other purposes.

1886

JOURNAL OF THE SENATE,

SR 242. By Senator Broun of the 46th:
A resolution authorizing the Commissioner of Agriculture to lease a certain tract of land in the City of Athens to said city; and for other purposes.

SR 266. By Senators Walling of the 42nd and Reeder of the 55th:
A resolution creating the Fernbank Science Center Commission; and for other purposes.

SR 272. By Senator Webb of the llth:
A resolution amending a resolution creating the "Constitution Revision Commission" so as to authorize payment of certain members of said commission; and for other purposes.

SR 273. By Senator Hensley of the 33rd:
A resolution creating the Joint House-Senate Transportation Study Committee; and for other purposes.

SR 321. By Senators Patton of the 40th, Smith of the 34th, Garrard of the 37th and others:
A resolution designating the North Fulton Special Choir as the official State Choir during its tour during 1970; and for other purposes.

SB 343. By Senator Kidd of the 25th:
A bill to amend an Act creating a Department of Public Safety and providing for the issuance and suspension of drivers' licenses, as amended, so as to provide for the issuance of an honorary driver's license to the spouse of certain disabled veterans; and for other pur poses.

SB 472. By Senators Fincher of the 54th, Doss of the 52nd and Coggin of the 35th:
A bill to amend the Act known as the "Housing Authorities Law", as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at 8% per annum; and for other purposes.

SB 473. By Senators Fincher of the 54th, Doss of the 52nd and Coggin of the 35th:
A bill to amend an Act known as the "Urban Redevelopment Law", as amended, so as to fix the maximum rate of interest on bonds issued by a housing authority at 8% per annum; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1887

The House has adopted the following resolutions of the Senate, to-wit:

SR 312. By Senators Abney of the 53rd, Stephens of the 36th and Rowan of the 8th:
A resolution creating the certification and classification of the Teachers Study Committee; and for other purposes.

SR 358. By Senator Andrews of the 49th:
A resolution commending the Honorable Richard B. Russell, Jr.; and for other purposes.

SR 366. By Senator Holloway of the 12th: A resolution relative to adjournment; and for other purposes.

The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate, to-wit:

SB 250. By Senator Walling of the 42nd:
A bill to amend Code Chapter 61-3, relating to proceedings against tenants holding over, as amended, so as to provide for the showing of probable cause that a defense exists to a landlord's eviction proceedings; and for other purposes.

The House has receded from its position in disagreeing to the Senate amend ment to the following bill of the House:

HB 1141. By Messrs. Games of the 104th, Adams of the 100th and others:
A bill to amend an Act providing the revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a "Firemen's Pension Fund"; and for other purposes.

The House has adopted the reports of the Committees of Conference on the following bills of the House and Senate:

HB 696. By Mr. Battle of the 90th:
A bill to establish a minimum wage for certain employees within the State of Georgia; and for other purposes.

1888

JOURNAL OF THE SENATE,

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; and for other purposes.

SB 328. By Senator Kidd of the 25th:
A bill to provide that certain slow-moving vehicles and equipment shall be required to display certain warning devices; and for other purposes.

The House has agreed to the Senate amendments to the following bills and resolutions of the House, to-wit:
HB 1204. By Mr. Dodson of the 82nd: A bill to fix the fees of the clerks of the superior courts of certain counties; and for other purposes.
HB 1492. By Mr. Brantley of the 52nd: A bill to amend an Act creating the Georgia State Board of Nursing Homes; and for other purposes.
HB 1504. By Mr. McClatchey of the 113th: A bill to amend Code Title 97, relating to the Georgia Securities Law, so as to provide for certain exemptions regarding sales to not more than twenty-five persons; and for other purposes.
HB 1738. By Messrs. Snow and Crowe of the 1st: A bill to amend Code Section 34-805, relating to special elections for members of the General Assembly in case of any vacancy occurring during the 1970 session of the General Assembly; and for other purposes.
HB 1715. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to change the mode of electing the mayor and councilmen; and for other purposes.
HB 1718. By Mr. Barber of the 15th: A bill to amend an Act incorporating the City of Commerce, so as to provide for the election of the board of education; and for other purposes.

SATURDAY, FEBRUARY 21, 1970

1889

HB 1719. By Mr. Barber of the 15th:
A bill to amend an Act incorporating the City of Commerce, so as to change the name of the "Mayor's Court" to the "Recorder's Court"; and for other purposes.

HB 1653. By Messrs. Bell and Morris of the 73rd, Thomason and Levitas of the 77th and others:
A bill to fix the compensation of the solicitors of the Civil and Criminal Courts of certain counties; and for other purposes.

HB 1403. By Mr. Gaynor of the 88th:
A bill to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify what transactions the maximum per missible rate of interest contained in said Code Section shall apply; and for other purposes.

HB 1359. By Messrs. Bennett of the 71st, Jones of the 50th, Paris of the 14th and others:
A bill to provide for an Assistant District Attorney in each Judicial Circuit having more than one Superior Court judge; and for other purposes.

HB 1194. By Messrs. Hadaway of the 27th, Edwards of the 45th, Matthews of the 63rd and others:
A bill to amend an Act entitled "Georgia Public Assistance Act of 1965", so as to change the method of financing the cost of administration and the cost of assistance programs; and for other purposes.

HB 1603. By Mr. Barber of the 15th:
A bill to identify and define a school bus as to national and state standards; and for other purposes.

HB 894. By Messrs. Miles, Maxwell, Simkins of the 78th and others:
A bill to create the Augusta-Richmond County Transportation Au thority; and for other purposes.

HB 349. By Messrs. Williams and Cooper of the llth, Hutchinson of the 61st and Barber of the 15th:
A bill creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver's li-

1890

JOURNAL OF THE SENATE,

censes, so as to provide for the examination of all holders of driver's licenses for visual acuity and knowledge of the rules of the road; and for other purposes.

HB 659. By Messrs. Murphy of the 19th, Paris of the 14th and Lane of the 44th:
A bill to amend an Act known as the "Georgia Building Authority (Penal) Act", so as to increase the amount of bonds which the au thority may issue; and for other purposes.

HR 566. By Mr. Cooper of the llth:
A resolution to compensate Wilmot McRae Greene, Jr.; and for other purposes.

HR 553. By Mrs. Merritt of the 46th: A resolution compensating Dr. James W. Smith; and for other purposes.

HR 541. By Mr. Salem of the 51st: A resolution compensating Mr. Jimmy W. Hall; and for other purposes.

HR 621. By Mr. Games of the 104th: A resolution creating the Delinquent Offender and Juvenile Court Law Study Commission; and for other purposes.
HR 811. By Messrs. Maxwell and Simkins of the 78th, DeLong and Sherman of the 80th and Dent of the 79th: A resolution proposing an amendment to the Constitution so as to pro vide that the Board of Commissioners of Richmond County shall have the right and power to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place of business in Richmond County; and for other purposes.
HR 846. By Mr. Hill of the 97th: A resolution creating the South Fulton single municipal study com mittee; and for other purposes.
The House has agreed to the Senate substitutes to the following bills and resolutions of the House, to-wit:

SATURDAY, FEBRUARY 21, 1970

1891

HB 1145. By Messrs. Levitas of the 77th, Brown of the 110th and others:
A bill to provide that standards for certain factory built housing prototypes shall be acceptable standards for such factory built housing; and for other purposes.

HB 1077. By Mr. Harris of the 77th:
A bill to amend an Act creating the office of Judge of the Superior Courts Emeritus, in regards to benefits for widows; 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 so as to provide that any employer who with holds more than $100.00 monthly shall pay such money to State de positories; and for other purposes.

HB 734. By Messrs. Wamble of the 69th, Parker of the 44th, Barber of the 15th and others:
A bill to require the State Revenue Commissioner to establish an equalized adjusted school property tax digest for each county; and for other purposes.

HR 544. By Messrs. Melton of the 32nd, Peterson of the 41st and Wamble of the 69th:
A resolution proposing an amendment to the Constitution so as to provide that personal clothing and effects, and household furnishings shall be exempt from all ad valorem taxation; and for other purposes.

HR 736. By Mr. Morris of the 73rd:
A resolution proposing a constitutional amendment so as to authorize the General Assembly to provide for the creation of a local government to be known as the City and County of DeKalb; and for other purposes.

HR 694. By Messrs. Black of the 45th, Douglas of the 42nd and Dailey of the 53rd:
A resolution designating the Brown Thrasher as the official Georgia State Bird; and for other purposes.

HB 1432. By Messrs. Reaves of the 71st and Rainey of the 47th:
A bill to provide that it shall be unlawful for any person to take, steal and carry away any fish which have been raised and managed for marketing under a fish farming program; and for other purposes.

1892

JOURNAL OP THE SENATE,

HB 1117. By Messrs. Jones of the 87th, Whaley of the 93rd, Ellis of the 91st and others:
A bill to amend Code Chapter 27-1 relating to proceedings prior to arrest, so as to provide for a reward tinder certain conditions; and for other purposes.

HB 1323. By Messrs. Wamble of the 69th, Keyton of the 70th and Snow of the 1st:
A bill to amend the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to clarify the exemption relating to sales to the United States of America, the State of Georgia, or any county or municipality of this State; and for other purposes.

HB 1497. By Mr. Horton of the 95th:
A bill to define, control and prohibit the littering of public or private property; and for other purposes.

HR 871. By Messrs. Busbee, Odom, Hutchinson and Lee of the 61st:
A resolution proposing an amendment to Article XI, Section I, Para graph VI of the Constitution to provide for a Board of Registrars in Dougherty County without an enabling Act of the General Assembly; and for other purposes.

The following bill of the Senate was taken up for the purpose of considering House amendments thereto:

SB 422. By Senators Smith of the 18th and Plunkett of the 30th:
A bill to provide an alternative method cumulative to existing methods for extending municipal boundaries of municipalities having a popula tion of 5,000 or more persons; to provide the procedure to be followed when such method is used; to authorize expenditures by municipalities for the purposes of this Act; and for other purposes.

The House amendments were as follows:
Amend SB 422 by adding to Section 15 a new sentence to read as follows:
"If a majority of those voting vote against the said annexation, a period of two (2) years must elapse before annexation of the same area or any portion thereof may be attempted again under authority of this Act."

SATURDAY, FEBRUARY 21, 1970

1893

By striking subsection (b) of Section 4 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) The area to be annexed must be developed for urban purposes. An area developed for urban purposes is defined as any area which meets the following standard on the date of the adop tion of the annexation resolution:

(1) Has a total resident population equal to at least two persons for each acre of land included within its boundaries on the date of the adoption of the annexation ordinance, and is subdivided into lots and tracts such that at least sixty per cent (60%) of the total acreage consists of lots and tracts five acres or less in size and such that at least sixty percent (60%) of the total number of lots and tracts are one acre or less in size."

By striking Section 13 in its entirety and inserting in lieu a new section as follows:

Section 13. Effect on Existing Law. It is declared to be the inten tion of the General Assembly in enacting this law to provide a method for annexing to municipalities areas which meet the legislative standards established by Section 4 hereof. This Act is not intended to affect or restrict the present authority of the General Assembly to legislate regarding the annexation of any area contiguous to any municipality in this state, nor to limit in any way the authority of the General Assembly to provide alternative methods for extending municipal boundaries. Further, the provisions of this Act shall not affect legisla tion pending at the time this bill becomes law.
By striking subsections (d) and (e) of Section 5 in their entirety.
By striking Section 6 in its entirety.
By striking Section 7 in its entirety.
By striking Section 8 in its entirety.
By striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows:

"Section 15. The city shall issue a call for a referendum to ratify or reject the adoption of the annexation resolution, said referendum to be held not less than thirty (30) days nor more than sixty (60) days after the date of the public hearing required by Section 5 of this Act. Said referendum shall be held insofar as possible under the procedures set forth in the Georgia Municipal Election Code (Title 34A, Code of Georgia) for special elections. Only those registered voters residing in the proposed area to be annexed on the date of the adoption of the resolution provided for in Section 5 (a) shall vote in said referendum. If a majority of those voting, vote in favor, the area shall become a part of the corporate limits of the municipality but not otherwise."

1894

JOURNAL OP THE SENATE,

By renumbering all Sections after Section 5 accordingly.

Senator Smith of the 18th moved that the Senate agree to the House amendments to SB 422.
On the motion, the ayes were 44, nays 0; the motion prevailed, and the House amendments to SB 422 were agreed to.

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 Chair man, to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 350 SB 375 SB 376 SB 389 SB 478 SB 489 SB 563 SB 564 SB 444 SB 559 SB 560 SR 86 SB 472 SB 473 SB 101 SB 193 SB 218 SB 219 SB 265 SB 298

SB 308 SB 311 SB 318 SB 319 SB 320 SB 321 SB 333 SB 334 SB 357 SB 367 SB 369 SB 383 SB 384 SB 387 SB 399 SB 411 SB 428 SB 449 SB 451 SB 457 SB 458 SB 464 SB 466 SB 469 SB 470 SB 485 SB 487 SB 496 SB 500 SB 501 SB 502 SB 503 SB 505 SB 507

SATURDAY, FEBRUARY 21, 1970

1895

1896
SB 508 SB 509 SB 511 SB 515 SB 520 SB 544 SR 73 SR 218 SR 228 SR 235 SR 281 SB 412 SB 535 SB 536 SR 244 SB 388 SB 328 SB 488 SB 14 SB 74 SB 217 SB 222 SB 223 SB 250 SB 268 SB 340 SB 341 SB 343 SB 347 SB 348 SB 373 SB 365 SB 372 SB 374

JOURNAL OF THE SENATE,

SATURDAY, FEBRUARY 21, 1970

1897

SB 392 SB 397 SB 404 SB 405 SB 414 SB 419 SB 420 SB 422 SB 425 SB 426 SB 436 SB 443 SB 450 SB 452 SB 455 SB 459 SB 462 SB 467 SB 468 SB 482 SB 471 SB 491 SB 495 SB 513 SB 525 SR 43 SB 486 SB 490 SB 512 SB 517 SB 519 SB 531 SB 532
SB 537

1898
SB 538 SB 540 SB 546 SB 547 SB 558 SR 191 SR 205 SR 216 SR 242 SR 266 SR 272 SR 273 SR 280 SR 289 SR 304 SR 307 SR 312 SR 321

JOURNAL OF THE SENATE,
Respectfully submitted, Eldridge of 7th District, Chairman.

Pursuant to the provisions of SR 366, the President announced the Senate adjourned sine die at 9:15 P.M., February 21, 1970.

SATURDAY, FEBRUARY 21, 1970

1899

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES

Senators

District

Post Office

Abney, Billy Shaw ___--------_--------53rd---- P.O. Box 607, LaFayette 30728 Adams, Billy ._.------------------,,__._.._ 26th----.P.O. Box 462, Macon 31202 Adams, Ronald F. _----------.----___..... 5th........ P.O. Box 857, Brunswick 31520 Andrews, Robert E. (Bob) .------------ 49th -- P.O.Box 310, Gainesville 30501 Bateman, Oliver C.---------- ._____.... 27th----.247 Candler Dr., Macon 31204 Broun, Paul C.----------__--_------46th----.520 W. Cloverhurst St., Athens
30601 Brown, M. Parks.-.__------------------__.47th--... P.O. Box 37, Hartwell 30643 Carter, Hugh A..------__--------------.14th....--.P.O. Box 97, Plains 31780 Chapman, Cyrus M. (Cy)----------. 32nd---- 2871 Stone Creek Rd., S.E.
Smyrna 30080 Coggin, Frank E. ----------_........__.35th_--.201 Victoria Lane, Hapeville 30354 Cox, Jay Carroll ......_.._..._._________21st---- P.O. Box 37, Twin City 30471 Dean, Roscoe Emory, Jr.-.----___..._.6th----_ 612 Cherry Street, Jesup 31545 Doss, Sam W., Jr..----.__...__._----52nd--__P.O. Box 431, Rome 30161 Eldridge, Frank, Jr.....__.------..------__.7th----..P.O. Box 1141, Waycross 31501 Fincher, Jack C., Sr.--._.----.__--__..51st__.P.O. Box 512, Canton 30114 Fincher, W. W. (Bill), Jr......__------54th----.P.O. Box 149, Chatsworth 30705 Garrard, Ed -........----__...__.__---- 37th----956 Plymouth Road, N.E.
Atlanta 30306 Gillis, Hugh ..._._........___------_....----_----20th----..RouteS, Soperton 30457 Hardy, Jack .........._.----._.------------56th__1750 Peachtree Road, N.E.
Atlanta 30309 Hensley, Sam P. ._._________--------____33rd-__ Route 4, Marietta 30060 Hill, Render .......__.._----------_.-------_.29th__ Greenville 30222 Holley, R. Eugene-------------__22nd--...Commerce Bldg., Augusta 30902 Holloway, A. W. "Al"----__------____12th_----P.O. Box 588, Albany 31702 Hudgins, Floyd .----------------------____.15th----_ 3034 Emory St., Columbus 31903 Jackson, Harry C. __----.___--_____16th_._.P.O. Box 2547, Columbus 31902 Johnson, Leroy _--..--------------_--__..38th----1014 Gordon St., S.W.
Atlanta 30310 Kennedy, Joseph E. ------.--------.----.4th---- Box 246, Claxton 30417 Kidd, Culver .._......_--------____--------25th ---- P.O. Box 370, Milledgeville 31061 London, Maylon K. ......_-------------- 5Oth----_ Box 325, Cleveland 30528 McGill, Sam P. .__.-----------___.__.24th----Tignall Road, Washintgon 30673 Miller, Frank G. .------_.--------------43rd----_3361 Rainbow Dr., Decatur 30032 Noble, Roy V. ..__.----------------------19th----.R.F.D. 3, Vienna 31092 Padgett, M. J. (Mike) --------------_ 23rd _._--Route 2, McBean 30908 Patton, E. Earl, Jr. ._.----_------------_.40th----_38 Old Ivy Rd., N. E.
Atlanta 30305 Pennington, Brooks ------------_--___.____45th.____. Crawford St., P. 0. Box 290
Madison 30650 Plunkett, Lamar R. ________----------30th----,, 50 Morris St., Bowdon 30108

1900

JOURNAL OF THE SENATE,

Reeder, Ed _.___--------__----__-55th__-1583 W. Austin Road, Decatur 30032
Reynolds, Steve -__.__-___-___-48th__P.O. Box 303, Lawrenceville 30245
Riley, John R. ._._______..._.___-1st._-P.O. Box 9641, Savannah 31402
Rowan, Robert A. (Bobby) __..___._8th_.._..Route 1, Enigma 31749
Scott, Turner R. _______-._.__-17th__-P.O. Box 348, Thomaston 30286
Searcey, William A. __-______--2nd__-2017 Colonial Dr., Savannah 31406
Smalley, Robert H., Jr. .._...__----_._. 28th........ P.O. Box 198, Griffin 30223
Smith, Armstrong .__._._______34th----1405 DeLowe Drive, S. W. Atlanta 30311
Smith, Stanley E., Jr. ..._......__------18th_.... Drawer F, Perry 31069
Spinks, Ford B. -____.___.__---9th-----Route 6, Tifton 31794
Starr, Terrell A. ...__--_.___--___-44th----4766 Tanglewood Lane Forest Park 30050
Stephens, Jack L. .____.___------36th__.. Electric Plaza Bldg.-Suite 527 501 Pulliam St., S.W. Atlanta 30312
Trippe, W. D. __----_._.____.___31st__P.O. Box 187, Cedartown 30125
Tysinger, James W. (Jim) ______41st__3781 Watkins Place, N.E. Atlanta 30319
Vann, Frank C. _________-__10th_-P.O. Box 387, Camilla 31730
Walling, Robert H. _____--------42nd----1001 Oxford Road, N.E. Atlanta 30306
Ward, Horace T. ____.._.____._~39th__._..172 Milton St., S.W. Atlanta 30314
Webb, Julian _____..._____..__llth_-P.O. Box 277, Donalsonville 31745
Young, Martin _..___________13th__Route 2, Rebecca 31783
Zipperer, Edward H. (Zip) ____----3rd----Rt. 4, Little Neck Farms, Box 475 Savannah 31405

County
Appling Atkinson Bacon Baker Baldwin Banks Barrow Bartow Ben Hill Berrien Bibb Bleckley Brantley Brooks Bryan Bulloch Burke Butts Calhoun Caniden Candler Carroll Catoosa Charlton Chatham Chattahoochee Chattooga Cherokee Clarke Clay Clayton Clinch Cobb Coffee Colquitt Columbia Cook Coweta Crawford Crisp Dade Dawson Decatur DeKalb Dodge Dooly Dougherty Douglas Early Echols Effingham Elbert Emanuel Evans Fannin Fayette Floyd Forsyth

SATURDAY, FEBRUARY 21, 1970

GEORGIA STATE SENATE

Senatorial

District

County

6
7 6
11 25 47 48 51 13
8 26-27
19
6 9
3 4 21 28 11 6 4 30 54 6 1-3
14 53 51 46 11 44
7 32-33
7 9 24 8 30 18 13 53 49 11 41-43,55 19 19 12 31 11 7
3 47 21
4 50 30 52
49

Franklin Fulton Gilmer Glascock Glynn Gordon
Grady Greene Gwinnett
Habersham Hall Hancock Haralson Harris Hart
Heard Henry Houston Irwin Jackson
Jasper Jeff Davis Jefferson Jenkins Johnson
Jones Lamar Lanier Laurens Lee Liberty Lincoln Long Lowndes Lumpkin
Macon Madison Marion
McDuffie Mclntosh
Meriwether Miller
Mitchell Monroe Montgomery Morgan
Murray Muscogee Newton Oconee Oglethorpe Paulding Peach Pickens
Pierce Pike Polk
Pulaski

1901
Senatorial
District
47 34-40,56
50 24
5 51 10 24 48 50 49 25 31 17 47 29 44 18 13 48 45 19 21 21 20 26 28
8 20 13
5 24
5 8 49 17 46 17 24 5 29 11 10 28 20 45 54 15-16 45 46 46 31 18 50 6 28 31 19

1902
County
Putnam Quitman Rabun Randolph Richmond Rockdale Schley Screven Seminole Spalding Stephens Stewart Sumter Talbot Taliaferro Tattnall Taylor Telfair Terrell Thomas Tift Toombs

JOURNAL OF THE SENATE,

GEORGIA STATE SENATE

Senatorial
District
45 11 50 14 22-23 45 17
4 11 28 47 14 14 17 24
4 17 19 14 10
9 20

County
Towns Treutlen Troup Turner Twiggs Union Upson Walker Walton Ware Warren Washington Wayne Webster Wheeler White Whitfield Wilcox Wilkes Wilkinson Worth

Senatorial
District
50 20 29 13 18 50 17 53 45
7 24 25
6 14 20 50 54 19 24 25 13

SATURDAY, FEBRUARY 21, 1970

1903

MEMBERS OF THE SENATE OF GEORGIA IN NUMERICAL ORDER AND POST OFFICES

District Name

Address

1----John R. Riley ._..______________.____P.O. Box 9641, Savannah 31402 2----William A. Searcey _______________..2017 Colonial Dr., Savannah 31406 3--__ Edward H. Zipperer ------------------ Rt. 4, Box 475, Little Neck Farms,
Savannah 31405 4....... Joseph E. Kennedy _..._....__.___.__...__..P.O. Box 246, Claxton 30417 5----Ronald F. Adams _______.....___....__ P.O. Box 857, Brunswick 31520 6----Roscoe E. Dean, Jr.........................____,,_ 612 Cherry St., Jesup 31545 7----Frank Eldridge, Jr. ...._._.._._.............__...P.O. Box 1141, Waycross 31501 8.----.Robert A. (Bobby) Rowan _........__._.Rt. 1, Enigma 31749 9---- Ford B. Spinks .-..-..__...__.__------Rt. 6, Tifton 31794 10........Frank C. Vann ................__--------------P.O. Box 387, Camilla 31730 11----Julian Webb _.__________________________P.O. Box 277, Donalsonville 31745 12.---- A. W. (Al) Holloway ...________..P.O. Box 588, Albany 31702 13---- Martin Young ____________._..__-- Route 2, Rebecca 31783 14 .......Hugh A. Carter ___________.....____...P. O. Box 97, Plains 31780 15........Floyd Hudgins _--..._______._._.._.3034 Emory St., Columbus 31903 16- .-.-Harry C. Jackson _______________......P.O. Box 947, Columbus 31902 17..__..-Turner R. Scott _______________________________ P.O. Box 348, Thomaston 30286 18----Stanley E. Smith, Jr. __--_______-Drawer F, Perry 31069 19.----.Roy Noble ________--------------____.__RFD 3, Vienna 31092 20 -----Hugh M. Gillis --------.____________Rt. 3, Soperton 30457 21-----Jay C. Cox --------___________________.P.O. Box 37, Twin City 30471 22 .___--R. Eugene Holley ________________________ Commerce Bldg., Augusta 30902 23-- - Michael J. Padgett 1______-____..____----_ Rt. 2, McBean 30908 24---- Sam P. McGill ,,__________._____________ Tignall Rd., Washington 30673 25 ..... Culver Kidd -----___._________,,__________ P.O. Box 370, Milledgeville 31061 26----- Billy Adams _..--------__--_____,,._________ P.O. Box 462, Macon 31202 27-----Oliver C. Bateman __________------------247 Candler Dr., Macon 31204 28 -- Robert H. Smalley, Jr. ----------------P.O. Box 198, Griffin 30223 29...... Render Hill _.._----.____________..________ Greenville 30222 30---- Lamar R. Plunkett _______.____--..50 Morris St., Bowdon 30108 31----W. D. Trippe _____________________.P.O. Box 187, Cedartown 30125 32----Cyrus M. Chapman _____________________2871 Stone Creek Rd., S.E.,
Smyrna 30080 33----.Sam P. Hensley _____________________ Rt. 4, Marietta 30060 34 ......Armstrong Smith ----------------_______1405 DeLowe Dr., S.W.,
Atlanta 30311 35---Frank E. Coggin ____________________201 Victoria Lane, Hapeville 30354 36----Jack L. Stephens _________________._ Suite 527, Electric Plaza Building,
501 Pulliam St., S.W., Atlanta 30312 37-----Ed Garrard ___________________----956 Plymouth Rd., N.E., Atlanta 30306

1904

JOURNAL OF THE SENATE,

District Name

Address

38.__.Leroy R. Johnson _____________ 1014 Gordon St., S.W., Atlanta 30310
39__-Horace T. Ward _____________-172 Milton St., S.W., Atlanta 30314
40..__E. Earl Patton, Jr. ____________ 38 Old Ivy Rd., N.E., Atlanta 30305
41..._ James W. (Jim) Tysinger _______.. 3781 Watkins Place, N. E., Atlanta 30319
42 .......Robert H. Walling ____________ 1001 Oxford Rd., N.E., Atlanta 30306
43__Frank G. Miller .._____________..3361 Rainbow Dr., Decatur 30032

44 ---.Terrell A. Starr _____________4766 Tanglewood Lane, Forest Park 30050
45-._-.-Brooks Pennington ____________Crawford St., P. O. Box 290, Madison 30650

46.----Paul C. Broun _______________ 520 W. Cloverhurst St., Athens 30601

47-~__M. Parks Brown _____________P.O. Box 37, Hartwell 30643 48-_Steve Reynolds ______________ P.O. Box 303, Lawrenceville 30245 49__Robert E. Andrews ____________ P.O. Box 310, Gainesville 30501 50-_--.Maylon K. London ____________.Box 325, Cleveland 30528

51----Jack C. Fincher, Sr. ___________ P.O. Box 512, Canton 30114 52__Sam W. Doss, Jr. ____________ P.O. Box 431, Rome 30161 53........Billy Shaw Abney ____________..P.O. Box 607, LaFayette 30728

54 .__W. W. Fincher, Jr. ____________P.O. Box 149, Chatsworth 30705
55__Edward R. Reeder ____________1583 West Austin Rd., Decatur 30032
56---Joel C. (Jack) Hardy ___________1750 Peachtree Rd., N. E., Atlanta 30309

Senate Journal Index 1970
Regular Session

INDEX

1907

PART I ALPHABETICAL SECTION

Abortion Study Committee; create, SR 311 ----__--....__--...--_--__,,___--_...1014 Accountancy Board; members succeed
themselves, SB 281 ___...-___..____.__,,.________._______________ 857, 889, 911, 1236, 1295
Acworth, City of; provide penalties, HB 1581 ........__..917, 935, 1032, 1040, 1231 Address; Governor Lester G. Maddox _______________________.____,,____________________,,. 23, 60 Address; Senator Herman Talmadge _________._._.-__.._.._....._....._____........___........44 Adel, City of; city manager, HB 1159___-_-_______-__..___.193 l 197, 217, 241, 269 Adjournment; February 16, Rep. Bale's funeral, HR 876 _.........1098, 1160, 1162 Adjournment; sine die, SR 366 ___.._________._.______.___.______,,_____,,,,._..___. 1872, 1887
Adjournment; sine die, HR 1027 _____________________________________________________........1678 Adjutant General; change qualifications,
SB 443 ____.__.._________________.____.._._.___...____._.. 341, 390, 524, 697, 1885, 1897 Ad Valorem Tax; churches' motor vehicles exempt,
HR 722 .......__.__._______........_............__.___.._.___.__......... 923, 940, 1036, 1217, 1493 Ad Valorem Tax; exempt certain motor vehicles,
Executive Order, HR 684 _........._____.......___............._ 1011, 1023, 1210, 1217, 1472 Ad Valorem Tax; exempt certain non-profit
corporations, HR 204 _____..___________._.,,_________________________________ 352, 1305, 1505 Ad Valorem Tax; exempt personal property in transit,
certain cases, SR 17 ...______...__...__._.-.-_....____...._____________....._________ _243 Ad Valorem Tax; exempt persons 65 or older, SR 53 .........._..(No action in 1970) Ad Valorem Tax; exempt stored peanuts, HR 519 ............923, 940, 1036, 1217, 1421 Ad Valorem Tax; exemption, dependents in
private schools, SR 227 ..._......._..__._.............._......__..__.........___......._._182, 201, 743 Ad Valorem Tax; household exemptions, HR 544_....._290, 294, 320, 396, 1485, 1891 Ad Valorem Tax; non-profit hospitals exempt, HR 659 ........__417, 424, 472, 745,
986, 1186, 1286
Ad Valorem Tax; tangible personal property separate classification, SR 216 ___,,__________!12, 125, 126, 163, 1511, 1898
Advertising, Alcoholic Beverages; allowed over closed circuit television, SB 209 ..........__........__...._._..._______________ 242
Advisory Committee on Retirement Systems; create, SB 330 _______-_____.___-___________________-____101, 114, 267, 328
Agnew, Honorable Spiro T.; commend, HR 612 _,,_________,,_,,_,,_____ __194, 204 Agricultural Museum, Tift County; endorse, SR 252.......__.......314, 522, 757, 926-
Agricultural Products, Sale of; liability of commission merchants, SB 451 ..._-..____.........384, 424, 648, 760, 1505, 1621, 1895
Agriculture Commissioner; find substitute crop for tobacco, HR 609 _______________________194, 198
Agriculture Commissioner; lease land to Athens, SR 242 __________ 235, 262, 298, 363, 1886, 1898
Agriculture Commissions; Attorney General represent, HB 1515 ______________________ __855, 861, 946, 1215, 1664
Agrirama, Georgia; create agency, SB 525 __..._.._..._....-_725, 799, 808, 1096, 1099, 1673, 1741, 1897
Aid to Dependent Children; redefine terms, SB 439 _______________ 312, 348, 459 Airports Commission, Metropolitan; create, SB 499 _______________________--499, 639

1908

INDEX

Airports, Operation of; acquisition of buffer zone property, SB 484 __________..._________.__________.----504, 638
Airport, Second Atlanta; urge Henry County location, SR 194 ___--------------------_._____________------___.41, 56, 58, 162
Air Rights, Atlanta Union Station; accept bids, SR 281 --___----__---------------------- 726, 800, 812, 888, 1346, 1896
Akins, Mr. Henry; compensate, HR 702 _________________.------853, 870, 953, 1039, 1328 Akins, Mr. Levi E.; compensate, HR 721 ______________--1343, 1358, 1520, 1522, 1755 Albany, City of; corporate limits, HB 1679 ___.__----1176, 1192, 1364, 1525, 1697 Albany, City of; impound animals, HB 1482 ____________________716, 729, 802, 809, 884 Albany Development Authority; create, HR 738----..851, 871, 953, 1482, 1509, 1587 Albany-Dougherty County Public Service
Commissions; merge, HR 830 ________________________----__----------___1345, 1361, 1521
Alcoholic and Drug Addiction Rehabilitation Advisory Board; create, SB 309 --------------------------__--------40, 56, 60, 243, 284, 527
Alcoholic Beverages; advertised, closed circuit television, SB 209 ___________------242 Alcoholic Beverages; tax to Health Department for alcoholics, SR 71----__.._116 Alcoholism Study Committee; create, SR 221 ____________________________________________.139 Alpharetta, City of; officials' terms, HB 1209----_________________.784, 795, 875, 957, 1053 Altamaha River Basin Commission; create, HB 1342..__----------1009, 1016, 1204,
1215, 1507, 1612
Ambulance Service; counties levy tax to provide, HB 1521 ______------------------------__855, 861, 946, 1217, 1489, 1505
American Revolution Bicentennial Commission; create, HR 660 _____________________________------___L--------____1345, 1360, 1520, 1685
Amusement Tax; cities and counties levy, HB 813 ___--__----__._________11 Amusement Tax; counties impose on movie
admissions, HB 1039 ._._..__________________________179, 184, 202 Amusement Tax; municipalities impose on movie
admissions, HB 1038 _____________________________________________------179, 184, 202 Animals; prohibit feeding of unprocessed garbage, HB 935 ___________________...12 Ante-Nuptial Agreements; validity, HB 767 _____________________________308, 314, 349 Appellate Court Judges; members of State Employees'
Retirement System, certain cases, HB 1087 ________723, 735, 807, 1485, 1667
Appellate Court Judges; salaries, SB 26 __..________,,________________._----------384, 399, 630
Appointments by Governor; procedure in confirming _____----___------1879
Appointments:
Addis, Honorable Paul T. ------ ,,------_________________--571, 602, 625 Adley, Honorable Harry C. ___________.____.,,_______________._______________552, 583, 606 Aldredge, Honorable Jim ________________________________________________556, 587, 611 Alexander, Honorable Cecil A. _____________________________._--------559, 590, 614 Alien, Patricia __.__----------_----------------___--------------_________------_630, 1884 Allums, Jerry Parker __------------------_.____________________.______-___________628, 1883 Anderson, Mrs. Clyde F. __________________________________________557, 589, 612 Anderson, Mrs. James T. ____----------------___----______--________562, 594, 617 Anderson, Dr. Thomas J. ______----_--________________________.___.___551, 582, 606 Arrendale, Honorable Tom __________________________________.__.______________..__________..__627, 1882 Atherton, Honorable Howard L., Jr.____________________558, 560, 589, 591, 612, 614 Austin, Mrs. Mary ._.,,_____.___..______________------__________________.____________.___._____._626, 1881 Avriett, Miss Nancy Anne __________________..._____._______________________629, 1883 Baell, Miss Betty ____--------------__------_---- _ ______.________.____565, 596, 619 Baggott, Reverend Robert --------------------------_______________565, 597, 620 Bailey, Honorable Austin R. ______________...__------______------.556, 587, 610 Bange, Honorable Jerry O. ____________________________.567, 569, 598, 600, 621, 623 Banks, Honorable J. L. (Louis) _________________________561, 592, 615

INDEX

1909

Barksdale, Honorable A. R. (Gus) ______,,._..___._________________._572, 574, 575, 577 Barrow, William LaRoy __.__.__._..__.___.___.___._____________628, 1883 Bates, James E. _____________________________________________________548, 580, 603 Bell, Dr. John A., Jr. _______________________________________________________556, 572, 573 Bellinger, Dr. Frederick ____________________________________563, 584, 607 Bennett, Honorable W. C. __________________________________________.__..___________571, 602, 625 Benson, Karen Lynn __________________________________________________________________________628, 1882 Bexley, Honorable Harry ________________________________________________._______________.560, 591, 614 Binns, Honorable William A. _______________._____________________ 563, 594, 618 Birdsong, David Persons __________,,______________________________.________._____630, 1884 Blackwell, Honorable R. E. (Bob) ____________________________________ 554, 585, 608 Bock, Honorable Robert C. _______________________________________________________561, 592, 615 Bonaventure, Sister Mary _____________________________________________________,,__ 552, 584, 607 Borders, Reverend William Holmes, Sr. _______._,,._________.___. 559, 590, 613 Brack, Honorable Elliott.____________________________________567, 568, 598, 600, 621, 623 Bradley, Steve _______________________________________________________________ 628, 1883 Branan, Mrs. Doris E. ________________________________________ 563, 594, 617 Branch, Honorable Harllee, Jr. ________________________________,,___._____.__________ 570, 601, 624 Brauda, Honorable Ernest _________________________________________________________ 565, 596, 620 Bray, Honorable J. C. ____________________________________________________________:i_____570, 601, 625 Bridges, Honorable Rik _________,,___.__________________________________________________ 912, 1881 Briggs, Ricky ______.__.,,________________________.__...___._____._______._______________.________628, 1883 Brokaw, Honorable Ray _________________________________________________ 560, 592, 615 Brovm, Honorable Dwayne L. ____________________________________________ 570, 602, 625 Brown, Dr. Louis C. ________________________________________,,_________,,________ 551, 582 Brown, Dr. Mark _______________________________________________________.....565, 596, 619 Bullock, Honorable George ______________________________________________________549, 581, 604 Burkett, Honorable Norman D. _____________________________.-_________._________564, 595, 618 Burnett, Robert A. ___________________________._________________________.___________.________630, 1883 Burns, Honorable Henry K. ______________________.___________________________ 551, 582, 605 Burris, Honorable Al _______________________,,____________________.______________________. .627, 1882 Cagle, Honorable George L. ___________________________________________________________ 627, 1882 Calhoun, Honorable E. J., Jr. _______________________________ 553, 584, 608 Carter, Dr. Y. F., Jr. ___.__..________________________________________.___________ 552, 583, 607 Gates, Honorable Walter T. _______________.______________________________________ 559, 591, 614 Cecil, Honorable Dick _______________________._..___.______554, 585, 608 Chafin, Honorable Clinton ___________________________________ 566, 597, 620 Chafin, James Troy, III ________________________________....__________________ ....629, 1883 Chapin, Honorable Ed Y. ___________________________________________________ 557, 588, 611 Cheatum, Dr. E. L. __________________________________________________553, 555, 584, 586, 607, 609 Christian, Mrs. Mozelle __________________________._____________________________ 561, 593, 616 Clark, Mrs. H. Sol _______________________________.____.650, 581, 605 Clark, Honorable J. Norwood ______________________________________________ 565, 596, 620 Clark, Honorable William E. ______________________________ 556, 587, 610 Clark, Mrs. William (Sue) _____________.____________.._______.______.561, 592, 615 Clarke, Honorable Clifford M. ________________._______.______557, 559, 588, 590, 611, 613 Cochran, Honorable A. 0. ________________________________________________ 549, 581, 604 Coleman, Dr. Kenneth ___________________________________________________________________ 557, 588, 611 Coleman, Honorable Leodel __________________________________________-_______._._______-556, 587, 611 Colley, Honorable James A. _______________._____.__________554, 585, 608 Collins, Dr. Robert A. __________________________________...___._._.___________651, 582, 605
Conner, Robert Jason ______________________________________________________________ 628, 1882
Conner, Robert Morgan __________________________________________________629, 1883
Conway, Honorable H. McKinley, Jr. ________________..________,,___._._______ 570, 601, 624
Coogler, Honorable C. S. "Bo" _______________________________________________ 557, 588, 611

1910

INDEX

Cowart, Lt. Col. LeRoy ___________,,._________________________,,___._.__ 551, 583, 606 Cox, Honorable Charles __________.,,___,,________________._____.___________._____,,__,,_____ 571, 602, 625 Crane, Dr. Joe B. ____._________.___,,______________.___,,_________ 556, 587, 610 Crider, Honorable William A., Jr. ,,_..________________.___.__.__,,__________ 912, 1881

Daniel. Honorable Claude _______________________________________________________ 570, 601, 625 DaPrato, Honorable Rick .______________.________________ 912, 1881

Darby, Honorable James F., Jr. ______._._._______________________551, 567, 569, 582, 599, 600, 605, 622, 623

Davis, Honorable Jeff I. _______ _________________._..___.____.____________..________.550, 576 Davis, Honorable John Reginald ________________________________________ 551, 582, 605 Dean, Honorable Bob Wesley ________________________________________________ 564, 595, 619 Dean, Honorable Nathan ___________________________________________________.__.._______.560, 591, 615 Dollar, Honorable Hubert _._.______________________________________-_____..554, 585, 609

Dorsey, Honorable James D. _____________._____________.___.______________._____571, 602, 626 Downing, Honorable Frank 0. _____________________________________________________,,_ 561, 592, 616

Duke, Al ...___________________________._______________.___._____________.__________.._________.629, 1883 Dyson, Honorable Gene ___.______._________________.__.________-__-____-_.561, 592, 616 Erickson, Miss Viva ____________________________________________________565, 596, 619 Evans, Honorable James, Jr. ___________________________,,______,,____..___._____,,_______,,______ 627, 1882 Eve, Honorable William D. __________________________________________ .571, 603, 626 Exley, Jane ___________________________ ____,,_____,,____._________,,,,,,______.___________.____..__ 630, 1883 Flowers, William Anderson ____________________._._.__._____.______..________.,,__ 628, 1883 Floyd, Honorable Woodrow W. ___________________________________________ 556, 587, 610 Fordham, Honorable Wiley ___________._.__._.__________,,_______.-___-- 549, 581, 604 Fowler, Raymond Logan ______________________________________________________ 629, 1883

Fuller, Bunny ___________________________________________________________________ ________ 628, 1883 Fyffe, Mrs. Opal _______________________________________.____552, 578, 579, 580 Gaston, Honorable Hugh W. ..______-______________________-___-.__-________.549, 580, 604 Gay, Honorable John __________________________________________________________-571, 602, 625 Gentry, Steve ___________________ __________________________________,,.___._______._______ 629, 1883 Gilbert, Ronald Franklin _________________.___._,,._____.____._.______._._.,,___.__-______-_ 628, 1883

Gillis, Lee Malcolm ______.______.______.________----_- 629, 1883

Godwin, Dr. John T. ____________ ______ -------

570, 601, 624

Gordon, Honorable John --------------------__-------------- 562, 593, 616

Graves, Mrs. Amilee ________________________________________________________________ 565, 596, 619

Greene, Honorable William B. __--------__------__--------_ 556, 587, 610

Greer, Honorable John W. ____________________________________.__560, 572, 591, 603, 614, 626

Griffin, Dr. Louie H. _------------------__ _--------------_ - 551, 582, 606

Griffin, Honorable Sam M., Jr. ________._..______.._.___,,.__________________ 550, 574, 575, 577

Gunter, Honorable Jack N. _______-____.._____.-___-____________-_____-__--- 566, 598, 621

Hagin, Honorable Floyd R. __________ ,,__------.------______________.._ 561, 592, 615

Hall, Honorable William .------------____------------------_ 549, 581, 604

Hammond, Honorable Ross _____,,_______,,________________.___________________________ 559, 591, 614

Hampton, Honorable G. Sidney ------__._-_-----___---- 571, 602, 625

Hanie, Honorable Robert E. ____________--------____.--------------562, 594, 617

Harbin, Mrs. Lester __------------_-------------

550, 582, 605

Hardman, Honorable Bill T. ____________________________________________________ 563, 594, 617

Harn, Honorable J. Dixie ____________________------567, 568, 598, 599, 621, 623

Harwick, Honorable Earl R. __,,_____________.__________.,,_______________________-_.___. 555, 587, 610

Havely, Bob

------------------------- __________.___________.__629, 1883

Hawkins, Honorable B. L. --------------___._-----_-------__ 571, 602, 625

Haymans, Honorable M. H. _____________..___.______________._.__._567, 568, 598, 600, 621, 623

Haynes, Jack Loyd ..-___ _____._--_------ -------------628, 1883

Hiles, Honorable Edward W. ------___--------------557, 559, 588, 590, 612, 614

Hill, Honorable Wilton _______________.___________________________________________ 561, 592, 615

INDEX

1911

Holcomb, Honorable Bryce _______,,____________._____________561, 592, 616 Holmes, Darrell ........................................._______________________628, 1883
Holmes, Honorable David ________________________._____________550, 581, 605 Holmes, Honorable Eric ____________________________________________________562, 593, 616 Horton, Honorable N. Dudley, Jr. ______________________._____________________.___564, 596, 619 Houston, Honorable Scott, Jr. ______________________________________________ 549, 580, 604 Howard, Dr. Larry _,,__,,,,,,,,_,,,,,,__________________________ 555, 586, 610 Howe, Honorable Donald B., Sr. ____________,,________________,,,,,,.___ 550, 581, 605 Huber, Honorable W. W. ________________________________________ 562, 593, 616 Hudson, Hugh ___________________________-______..___________.______630, 1884 Ingram, Honorable Charles ______---____________________571, 602, 625 Irby, Clifton N. __________________________________________,,______ 628, 1883 Isakson, Honorable E. A. ____________________.____________559, 565, 591, 596, 614, 620 Jackson, Dr. Drewry C. _____________._____________________________ 570, 601, 625 Jackson, Honorable Graham W., Sr. _____________________________550, 582, 605 Jakes, Steven Alexander _______________________________________________ 628, 1883 James, Jennifer ___________________________________________.________ 629, 1883 Johnson, Honorable Bobby W. ________________________________________559, 590, 613 Johnson, Ira Joe ____.______,,,,,,__,,,,_,,_____________________________________ 628, 1882 Johnston, Mrs. Cicero A. _________________________________________________ 565, 597, 620 Johnston, Honorable Donald C. _______________________________ 555, 586, 609 Jolley, Dr. Fleming __________,__________.____,,,,,,,,_,,___ 560, 591, 615 Jones, Honorable Gordon __________________________,,______.-- 559, 590, 613 Kaler, Honorable Irving K. _____________________________-___550, 581, 605 Kaplan, Larry __________________________________,,,,,,_,,,,,,_-_________ 629, 1883 Kendrick, Dr. Douglas B. ____________.__.______________555, 586, 610 Kennedy, Honorable Paul ____________________________.____._______________________.____554, 585, 608 Key, Honorable Ernest D. _.___________________________557, 588, 611 Lackey, Honorable Zeb Vance __________________________ 549, 581, 604 Lacy, Dr. Alexander B. __________________________.555, 558, 586, 590, 609, 613 Lance, Honorable Bert _______________________________________ 558, 589, 612 Lance, Rebecca Jo _______________________,,__________________ 629, 1883 Lane, Honorable Mills B. ______________________________________________________.____558, 589, 613 Langdale, Dr. Noah __,,,,_,,,,__,,__,,._________________________ 569, 601, 624 Lattanzi, Honorable Joe ________________________-,,___________ 553, 584, 608 Lee, Dr. Eugenia ______________________________________ 564, 595, 618 Lee, Honorable Marion _____________________________________________ 571, 602, 626 Leonard, Honorable Earl _____________.__________________._____.____________563, 594, 617 Levitas, Honorable Elliott H. ____________-______________ 560, 591, 614 Linthicum, Honorable Thomas _______________________________ 557, 588, 611 Logan, Honorable Hugh ________________...____558, 559, 589, 590, 613, 614 Lovein, Honorable Norman M., Jr. _________________________ 564, 595, 618 Lowery, Honorable Roscoe _________--____----_------___--_--__--__ 556, 587, 610 Lumpkin, Honorable Taylor ______________________________ 553, 585, 608 McAuley, Honorable Charles ___________________ 568, 569, 599, 600, 622, 624 McDaniell, Honorable Hugh Lee ___________________________ 560, 591, 614 McDonough, Honorable John J. _________-________________570, 601, 624 McElveen, Honorable George _____________________________________ 566, 597, 620 Mclntyre, Honorable James T., Jr. __________________________ 549, 581, 604 McKenna, Patrick Joseph _____,_____________________________.629, 1883 McLaren, Honorable John R. _______________________________ -572, 576, 577 McLeod, Honorable J. D. _____.._____________567, 568, 598, 599, 621, 623
Magnus, Dr. Gerhard ___________________________________ 563, 595, 618
Mahan, Dr. Parker E. ____________ _..,,,,,,_,,__,,_____,,_____,,.____,,,,_________- 565, 596, 619
Mahany, Honorable Lawrence __________________,,_____,,_,,___,,,,,,,,,,-_ 566, 597, 621

1912

INDEX

Marshall, Honorable T. W. ._._...__.__....__,,__________564, 595, 619 Martin, Honorable Carl T. .....__.........__._______________________....____562 Martin, Mrs. Chester E. _____________.______......___---- 561, 593, 616 Martin, Honorable Edward Lee ..................._._____.___.___550, 578, 579 Martin, Joseph Richard .._...._..__....._._._............__....________________.628, 1882 Mashburn, Dr. Marcus, Jr. -_____._..___.._._.__....................____..565, 596, 619 Mathis, Honorable Patrick L. ._._,,__._...._._.._.____564, 574, 575, 577 Matthews, Honorable Ralph ____......__..____..____._....558, 589, 612 Mauldin, Dr. John T. _____-.-..____._____________._.___......549, 580, 603 Menk, Honorable Peter __.___._._.....__..___.....__...._.....571, 602, 625 Mercer, Dr. J. T. ____________........_______.____...._....__.....551, 582, 606 Miller, Mrs. Birdie B. ...._______________________.563, 594, 617 Miller, Honorable C. L. ....__.......___......__...._....._...568, 569, 599, 600, 622, 623 Millhollin, Honorable Henry ___.__._.__.____....____.........566, 597, 620 Mitchell, Mrs. W. B. ...._....._._.._.._._______.___..________563, 594, 617 Mitchell, Honorable Wiley .......__.........__............._____________571, 602, 626 Mixon, Honorable Johnny _.__.___.__.__.._.568, 569, 599, 600, 622, 624 Mobley, Honorable Ralph _______.___..______._...._____._627, 1882 Montagne, Honorable Arthur E. ...___.__.........._._._.._.__558, 589, 612 Moore, Huanne ......_.._..._..._.......__.._._____......._____.....__...._.630, 1884 Moraitakis, Nick ....... _.___.____._._.___.____________...........629, 1883 Moran, Honorable W. G. (Jack) ......._.__..................__.....__.553, 584, 608 Morehead, Dr. Marcus B. ..._.____,,_._.......____________.555, 586, 609 Morgan, Honorable L. H. _____....___._....._________551, 582, 605 Morris, Honorable Leonard ________________________.______,,_____.._...553, 584, 608 Morrison, Honorable H. C. .....______________________.....549, 580, 604 Morton, Dr. William J. ..........___....___...____..__________552, 583, 607 Murphy, Honorable E. R. _____._._....._____-__________.___..559, 590, 613 Murray, Dr. C. C. ....________._.__.._._._.__........____.__..570, 601, 624 Nails, Reverend Frank ...................___._.....___..............._.....552, 583, 606 Nease, Honorable E. F., Jr. ______..__..........567, 568, 598, 599, 621, 622 Neely, Honorable Frank H. ........___..__.__....._...__.._...___..._.__..570, 601, 624 NeSmith, Honorable Jimmy D. _.__......_______._.........569, 601, 624 Nilan, Honorable John T. .............._________________...570, 574, 575, 577 Odum, Dr. Eugene ___________________-_.__--___-552, 584, 607 Odum, Honorable J. M. ......_.__.............................__.....551, 574, 575, 577 O'Neal, Honorable Obie .........._____________.,,_.._______...........553, 585, 608 Owen, Honorable Hubert .......________________._.__.........562, 593, 617 Owens, Honorable Aubrey ........__.___________________562, 593, 616 Parrish, Honorable Emory .._.__.._..._..__......__.....__................ 562, 593, 617 Parrott, Honorable V. D. ......____.._...____________.__ 556, 587, 610 Parthemos, Dr. George S. ________________--____-.555, 586, 610 Partin, Dr. Clyde ._..............__.______.....____________........554, 585, 608 Peacock, Dr. Lamar ________________________.__.__._651, 582, 606 Pealock, Honorable Gordon __....__..._________________549, 581, 604 Perry, Honorable Eldridge _______________________________550, 582, 605 Perry, Miss Vicky ___._.______.______________________._..____. 912, 1881 Peterson, Mrs. Hugh, Sr. _____________________.______........572, 573, 574 Pfiffner, Honorable Harry ......__.____--____________.__,,_ 563, 595, 618 Phillips, Judge J. Taylor ___________________________________...561, 592, 615 Phillips, Honorable L. L. ._._______.___________.567, 569, 599, 600, 622, 623
Phillips, Honorable Russell ___________________________________552, 583, 606
Pinkston, Honorable A. G., Sr. ........__.__.............567, 568, 598, 599, 621, 622
Plunkett, Senator Lamar R. ____________________________________.555, 586, 609
Polk, Honorable Steve _______________,,__________...... 563, 594, 617

INDEX

1913

Pope, Honorable Clifford .._..._...___.........__...............__.........549, 581, 604 Porterfield, Mrs. Mildred _,,_.__._________________________________562 Portnian, Honorable John _______.___________.__..559, 590, 613 Poss, Honorable Robert E., Jr. ..........................._...._...__.___._.____564, 595, 618 Rackley, Dr. R. Hunter ______________________________... .912, 1881 Ragsdale, Major Barney G. ________________._.554, 566, 585, 597, 609, 620 Ray, Mrs. George W. ...........................................__,,___............. 561, 593, 616 Reddick, Honorable Al _________.._......._......._._..____________________ 560, 592, 615 Reddick, Honorable Ralph Edward, Jr. _..______________________________566, 597, 620 Rice, Honorable David F. ........................__.__....______.___..550, 574, 575, 576 Richardson, Dr. John R. __________________________________......._556, 572, 573, 574 Roberts, Dr. Graham ________________,,_._,,_._.______________.-_._.565, 596, 619 Roebuck, Honorable R. J. _____________________,,____._.__________571, 602, 625 Rountree, Honorable Gordon H. ..................___....568, 569, 599, 600, 622, 624 Rousakis, Honorable John P. ___________________.....567, 568, 598, 599, 621, 623 Royal, Honorable Richard .........._..........._..........____________.....912, 1881 Runninger, Dr. Jack ................_....._....._..._..._._............................'.564, 595, 618 Rutledge, Honorable Jack ,,______.___..____.__________________ 566, 597, 621 Schimmel, Honorable Walter J. (Bill) _._.._.._.____........._............... 627, 1882 Schwartz, Honorable David _______________________________________ 557, 588, 612 Scoggins, Phil ._-______.____._____,,________________________________629, 1883 Scott, Mark __..._________________________________________________________.628, 1883 Seaman, Mrs. Wayne ___._..___________,,______......_________.___557, 588, 611 Seldon, Honorable Henry .............................._____..__.................553, 585, 608 Sewell, Honorable Horace ___________________________....______.__627, 1882 Shannon, Dr. Edward H. ................___._____..__.__._________ 553, 584, 607 Shelnutt, Mrs. Wilma W. ................................__.....__..__.........552, 583, 606 Shelton, Dr. Lewis S. _______________________._____________655, 586, 609 Shirley, Honorable A. Ray ._____________..__________ 562, 593, 617 Sibley, Honorable U. Erwin ______________________________B66, 597, 620 Simpson, Honorable A. Myrl ................................_.....__.......564, 574, 575, 577 Simpson, Dr. George L., Jr. ________________________ 555, 574, 575, 577 Sinclair, Honorable Paul _____________________________.552, 583, 606 Smiley, Honorable C. Russell ___________________568, 569, 599, 600, 622, 623 Smith, Mrs. A. Edward __________._.______...550, 557, 574, 575, 577, 589, 612 Smith, Honorable Holmes A. .................._..............567, 569, 598, 600, 622, 623 Smith, Honorable H. Zack, Jr. _________......____.____._.............912, 1881 Smith, Honorable Jack H. ___________________________________....549, 581, 604 Smith, Mrs. Lucy _________________________________........................ 555, 586, 610 Smith, Honorable M. M. (Muggsy) ..........................._....._______ 570, 601, 624 Smith, Honorable R. D., Jr. ________________________________________ 566, 597, 620 Smith, Vicki Janet ______________________________.___.____.629, 1883 Smith, Honorable Wendall _.______._______________________560, 591, 614 Snooks, Honorable B. R. ___._________________.567, 569, 598, 600, 622, 623 Spann, Honorable William B., Jr. _____________________567, 588, 612 Starnes, Honorable Robert T., Jr. ___.___________,,____________ 558, 589, 612 Stell, Honorable L. Scott ______________________________-558, 589, 612 Stephens, Honorable Rickey ___________________________________ 912, 1881 Stewart, Honorable Henry A., Sr. _______________.............550, 574, 575, 577 Summerlin, Honorable P. Raymond __________--___________554, 585, 609 Summers, Mrs. Jack ____________________________________ 563, 594, 618
Swanson, Honorable Dean C. ______________________-__..563, 595, 618
Taylor, Mrs. Mamie K. ________________________.............560, 592, 615
Templeton, Dr. C. O. ___.____.__________________________549, 580, 604
Thompson, Honorable Louis A. ___,,__________________________.._ 548, 580, 603

1914

INDEX

Thompson, Honorable Roger _.-..----.-.-_______________________________________.__._____ 566, 597, 620 Thompson, Honorable Ronnie ,,._..,,.._._......___.,,____...._...._._.._._______.558, 589, 613 Thurmond, Honorable Charles -_--.________________________________________________552, 583, 607 Tindol, Honorable R. L. "Red", Jr. _-_._________________________________________551, 583, 606 Tolbert, Honorable Fred __.._....,,.........._..,,_____._.,,_,,___________.___ 558, 589, 612 Trimble, Dr. Hoyt B. .-,,_.___,,,,,,_,,___,,__,,_______,,________._,,_____,,,,_,, 553, 584, 607 Trippe, Honorable W. D. ......__,,_,,_,,,,,,______..._.___________ 560, 591, 614 Trogdon, Mrs. Ray ...________................._.....__......._........_.._...._.._____._.563, 594, 618 Tucker, Honorable L. R. .__.______.____________,,_________,,_.___.._..__....................626, 1881 Tuthill, Mrs. Harold I. .___-.........................__..._...,,.._.._..........__...__ 557, 588, 611 Twiggs, Honorable Albert J. _......................._........................_.-..__.__ 554, 586, 609 Umhau, Mrs. Lib Greene ..............-,,._..___.___....,,_............_...._.-...-.._...... 560, 592, 615 Underwood, Honorable Frank C., Jr. .........._........_......_._....._____..564, 595, 619 VanLandingham, Honorable William J. _._..._._._......._.__-__--_..562, 594, 617 Venable, Dr. John H. __..............................._...._..._....558, 570, 590, 601, 613, 624 Wade, Sandra Lee ....________...______...__....__._._..._.__........_..........__._...__.629, 1883 Wainer, Mrs. Alex ,,...,,...,,...................._........._....__..,,._.__..__,,_,,_........564, 595, 618 Walker, Honorable Charles E. _----_-_____,,_________.554, 585, 609 Walker, Honorable Harvey Averett ..................._._......_..................912, 1881 Wallis, Honorable H. W. ..___._..___....___.___..................._._._...._.._........552, 583, 607 Walraven, Dr. Harold C., Jr. _....................................._................___.__550, 582, 605 Ward, Honorable Horace T. _....__._..._..._.__.__....___._..._.._._..........559, 590, 613 Watts, Honorable James M. .............._..............__........._._........._._..__....1166, 1880 Wayne, Honorable Ed ..______.__._...__.........._...._...._......._.__ 552, 584, 607 Webb, Dr. Henry D. ............_._..................._..__...._...._..._............... 553, 584, 607 Wesley, Honorable Thomas J., Jr. .__._.._._.._..._.._.__._._._._._......... 552, 583, 606 Wilkes, Honorable Ray ....-._..._._..-.-_.__.-.._-_..-.__.-..-....-.-.....-...__...._. 566, 597, 621 Williams, Honorable Carey ........_......_................._........._.........._....556, 572, 573 Williams, Dr. Charles L. _.__.___..__...__..._......____._...__....._..._.._..._..... 554, 586, 609 Williams, Honorable Jack __________________._____.___________.___,,__________________.564, 595, 618 Williams, Honorable Jackie .._._...............___._._..._.........._.._......... 558, 590, 613 Williams, Dr. Lewis H. ...................._...._..............................._.......... 551, 583, 606 Williams, Honorable Rayford W. _._._________.__________._.566, 568, 598, 599, 621, 622 Williams, Honorable Raymond -....-.....-......-.....-....._-.....-......._.-...... 554, 585, 608 Williams, Honorable T. G., Jr. ...._._______.......______......_.....____..______.___..__ 562, 593, 616 Wilson, Honorable Homer ..._.._..........._.................................................... 627, 1882 Wilson, Steven ......._...__......____........_..____........__..___.-__.____-.__..__._.-.....__629, 1883 Withers, Honorable W. B. ......_...............__........................................ 556, 587, 611 Wooten, James B. ............_._..._...._...._____........__..___._._.__..__-______________...__.__._ 628, 1883 Wooten, Pam ___..__________..._._._..._..._.........................................................._...... 629, 1883 Yeargin, Honorable Charles ___.____________,,__._,,______,,_,,-_________.___-_____.,,. 560, 591, 615 Young, Susan Lynn _.__-.........._-.-........-...................................._..........-... 628, 1883 Youngblood, Mrs. Herbert _____...__.._...___._.._....._._____.________..__.._____.______ 563, 594, 617 Youngblood, Honorable J. A. -.._....-...-......._..........._....-.567, 569, 598, 600, 622, 623
Appropriations; constitutional provisions, SR 9 ..--___-----.----.---..-.-_----.-----.--.-.--.57'
Appropriations for Operation of Government, 1970-71, HB 1100 ._____.__................_......._..-_.._--_-632, 637, 740, 955, 1107, 1236, 1238, 1260, 1285, 1427, 1476
Arbitration, Taxes; appeal of decision, delete provision for, SB 483 __._.._.........._.........................._.._............_.......466, 519, 649, 760
Arborist Board, State; create, HB 1033 ________-___.._._.__........_.__........._......1185, 1198, 1367 Architectural and Engineering Firms; business
with State, HR 716 _.__............._.._._....._...___.1345, 1360, 1520, 1684, 1852, 1853, 1871 Archives Department; make facilities available
on Saturdays, HB 1282 ................_...__._.._._....--.......719, 732, 804, 1216, 1470-

INDEX

1915

Archives Department; study record-keeping problem in

Fulton County, HB 1390 .._.._------ ...... _________....------ 721, 734, 805, 1216, 1471 Area Planning Commissions; facilitate housing, SB 380----------.181, 199, 289, 324 Armed Forces Members; spouse, employment by
state agencies, HB 1023 _________________________ _________923, 929, 1027, 1376, 1662 Armed Forces Retirement; prior service credit, SB 60 --_____(No action in 1970)

Arnold, Mr. and Mrs. George Millard; congratulations, SR 362 ____________ ___....... 1872 Arnoldsville, City of; corporate limits, HB 1475 ..----------___716, 728, 801, 809, 883 Arrest Proceedings; warrants, affidavit form,

HB 1576 .----_.___..__..----..____----------_----------_------1176, 1200, 1362, 1483, 1764

Art Commission, Georgia; members' expenses, SB 266 _--------_______.. __________ 8, 58 Ashburn, City of; corporate limits, HB 1559 ......................848, 865, 948, 957, 1057 Astrology; Atlanta, City of, license fee, HB 1572 .........._._ 849, 866, 949, 1526, 1696 Athens; Agriculture Commissioner lease land, SR 242_____ ________.- 235, 262, 298, 363,
1886, 1898 Athens City Court; change to Clarke County

City Court, SB 507 _.......__...__..........----..635, 739, 742, 815, 1346, 1496, 1895 Athens-Clarke County Charter Commission;

create, SB 504 --___------____--------......_...------.....--------.......635, 738, 742, 814 Athens-Clarke County Health Board; members
and funding, SB 509 ----...............--------___________636, 739, 742, 816, 1184, 1896 Athens-Clarke County School System; education
tax limit, SB 505 ......--------_________------__-.._.----_. 635, 738, 742, 816, 1183, 1895 Athens High School Football Team; commend, SR 198 _________________ .___.........___--... 85 Athens Public Facilities Authority; create, SR 284 --..----............727, 800, 809, 988 Athens; public officials, election qualifications, SB 506 _------.___ 635, 738, 742, 815 Athletic Events, High School; prohibit

broadcasting fees, SB 332 ________--------------____--------101, 114, 143, 191, 223 Athletic Tickets; prohibit sale in excess of printed
price, HB 1032 ......_--------.....----_ --------_._____----___854, 859, 944, 1372, 1662 Atlanta Airport Systems Study Committee; create, SR 255 ______________ 342, 398, 452 Atlanta Aldermanic and Education Boards; vacancies, HB 786 --...--.786, 794, 874

Atlanta; astrology, license fee, HB 1572 --------____------.849, 866, 949, 1526, 1696 Atlanta; become self-insurer, SB 532 ------.....------791, 871, 955, 1046, 1676, 1897 Atlanta Braves Baseball Team; commend, SR 233 .----------__.--......--...--... 188, 212 Atlanta; candidates for office, filing place, SB 538 _____________--______792, 873, 956,

1047, 1676, 1898 Atlanta Civil Court; pleadings, HB 1657 ___----...............1006, 1021, 1208, 1684, 1769 Atlanta Criminal Court; assistant solicitors general,
increase number, SB 526 ......................___--.._.__.......------._.......----.------725, 799 Atlanta Criminal Court; hold committee hearings, SB 527--.--------_.......726, 799

Atlanta; employees' pension benefits, SB 325 _______________________------_____--..82, 104

Atlanta Employees, Retired; re-employment rights, HB 1224 ............--..--------------__.--------_..1003, 1015, 1204, 1529, 1749

Atlanta Employees, Retired; re-employment rights, HB 1225 ----------...----......-...------------1003, 1016, 1204, 1529, 1750

Atlanta; extend corporate limits, HB 1691----------....1181, 1193, 1366, 1526, 1694

Atlanta-Fulton County; one governing authority, SR 225 ------.--------------

__ 139, 187, 219, 247, 780

Atlanta Housing Authority; increase membership, HB 1494 .........................----------___----_...-.--------1180, 1190, 1367, 1526, 1696

Atlanta Judicial Circuit; district attorneys, salaries, HB 1392 ______________________________________________ 495, 510, 642, 957, 1053

Atlanta; land annexation, SB 448 ______ ------------__----------------. 342, 390

1916

INDEX

Atlanta; maintenance of private property,
SB 531 ____________________......790, 871, 1167, 1224, 1675, 1897 Atlanta Personnel Board; add two members, HB 1742 ________1341, 1356, 1518 Atlanta; personnel board, SB 453 _________________________________________________385, 425 Atlanta Police, Retired; re-employment
rights, HB 1223 ______________________1003, 1015, 1201, 1529, 1749 Atlanta; police retirement, SB 349 _______________________.._...___________111, 124, 1529 Atlanta; regulate Sunday sales on premises, SB 288.----_____9, 244, 363, 408, 434 Atlanta; sell water, SB 530 ________________.________.__________________..__790, 871 Atlanta Superior Court; add two judges, HB 1468 __________________857, 863, 950 Atlanta Traffic Court; employees, SB 534 ....__________.._____791, 872, 1375, 1468 Atlanta Union Station; accept bids for air rights, SR 281_______726, 800, 812, 888,
1346, 189& Atlanta; urge second airport in Henry County, SR 194______________.41, 56, 58, 162 Atlanta; water line sales to DeKalb County, SB 490 ____________505, 639, 650, 748,
1675, 1897 Attorney General; compensation, SB 364 ________________________.121, 130, 142, 396 Attorney General; compensation, HB 179 _____.________463, 468, 520, 743, 830 Attorney General; represent Agriculture
Commissions, HB 1515 _____________________________855, 861, 946, 1215, 1664 Attorney General; revise constitutional provisions, SR 8 ________________________________9 Attorneys; admission to bar, educational requirements, SB 253--___----.----_--84
Attorney's Fees; relating to interrogatories, HB 163 ________________10, 129, 190, 285 Auditing of Investment Committee; create, SR 286 ___________________792, 873 Auditor, State; compensation, HB 214 ____________786, 793, 874, 1213, 1417, 1504,
1668, 1677, 1779, 1809, 1845 Augusta, City of; extend corporate limits, SB 510 _____._____636, 739, 1373, 1390 Augusta; create tax districts, HR 877 -____.__..______1344, 1361, 1521, 1526, 1701 Augusta; historic zones, HR 743 ________________921, 941, 1036, 1482, 1558 Augusta Municipal Courts; define jurisdiction
and powers, HB 1610 _________________-919, 938, 1034, 1040, 1220, 1475
Augusta-Richmond County; consolidate governing authorities, HR 827 _____________________.____________________1345, 1360, 1521
Augusta-Richmond County Transportation Authority; create, HB 894 _____________________921, 929, 1027, 1526, 1685, 1889
Austell, City of; corporate limits, HB 1578 ______ 916, 934, 1031, 1040, 1220, 1475 Authorities; allow State to abolish and to
incur indebtedness, SR 13 __________________________________________116 Automobile License Plates; "Peach State", HB 1472 ___.________1344, 1359, 1514 Automobile License Tags; credit on second purchase, SB 122 _____--_----_--_--. 7 Automobile Study Committee, Defective; create, SR 309 __________________1014 Automobile Tags; disabled veterans, SB 347_____.___111, 124, 143, 191, 1674,
1736, 1896 "Awareness House" Study Committee; create, SR 247 _________________________-_.313 Ayles, Mr. Robert and Miss Robbin; compensate, HR 562________.._852, 868, 951,
1038, 1317

B
Baconton, City of; elections conform to Election Code, SB 487 ____________________505, 638, 742, 821, 1337, 1895
Bail Bond Business; regulate, HB 1297 ____________________________417, 422, 471 Bail Bond; number of times for same offense, HB 1271.____________.382, 386, 426 Bail Bonding Practices Committee; create, SR 219 _____________________..138.

INDEX

1917

Bailiffs; compensation, SB 562 .................._.___._._..._______________.__.____._________.1013, 1200 Bainbridge State Hospital; change from Southwestern
State Hospital, SB 333 ___________________._____.___________.___108, 122, 129, 168, 856, 1895 Baker County Commissioners; salary, HB 1387 ..._-^..__________416, 423, 472, 523, 674 Baker County Ordinary; compensation, HB 1575 ._.___..__..___.849, 866, 950, 957, 1058 Baker County Superior Court Clerk; salary, HB 1386--___._._.416, 423, 472, 522, 674 Baker, Mr. Ed; address joint session, SR 214 _.._____________________________105, 106, 108 Bald Mountain Park, Inc.; commend, SR 341 .._.......____..._......._.._......_..........1499 Baldwin County Education Board; increase
membership, SB 367 ~_.__._--_.__.________137, 186, 320, 353, 786, 1895 Baldwin County Education Board; lease contract,
State property, HR 813 ..............................__......_...._....____........1012, 1025, 1212 Baldwin County; ordinary, compensation, SB 346 _____________________111, 124, 127, 145,
785, 839, 913 Baldwin County; sheriff, compensation, SB 344.._.-_..._........_..._110, 124, 127, 145,
785, 913 Baldwin County; tax collector,
compensation, SB 345 -__..____.........._..__._...................._111, 124, 127, 145, 785, 913 Bank Charter; change application fee, SB 523 ____.._....._...725, 799, 954, 1094, 1102 Bank Charter; change fee for amending charter,
SB 524 ,,__,,.._,,----.----_--_------- _.______._.__725, 799, 954, 1094, 1103 Banking Department; increase examination fees,
HB 1464 _,,____,,,,_- --- ---- ---.-_---._-._853, 860, 945, 1523, 1769 Banking Law; redefine terms, HB 1135 .._.,,.,,__.__....__504, 507, 640, 741, 834 Banks; abolish private banks, limits on
branches, SB 202 -- ------------------------------_-- -- __ _(No action in 1970) Banks; prohibit loans on purchase of bank
stocks, HB 1550 -_------------------------------1172, 1189, 1364, 1523, 1877 Banks; prohibit off-premises banking, SB 522 ........__._------725, 798, 954, 1094,
1169, 1424 Banks, State; repeal sales tax exemption, SB 445 ......_----------_____......341, 390 Banks, Taxation of; study committee, SR 335 _._..__.._................._._............_.___1349 Banks County Commissioners; election, HB 1563------916, 934, 1031, 1040, 1229 Barbers; allow two apprentices under regulations,
HB 1309 --------__-----------_____._......1010, 1016, 1204, 1218, 1663 Barrow County Sheriff; personnel, compensation,
HB 1529 ...-....-------------------------------------846, 862, 946, 957, 1056 Barrow County-Winder School Systems;
merge, HR 730 _,,-------------------------------.850, 870, 953, 957, 1081 Bass, Largemouth; official State fish, HR 623 ____________.___309, 317, 351, 648, 1312 Beer; license, excise tax, HB 1735 ----------------------1343, 1355, 1517, 1523, 1769
Bees, Honey; inspection of colonies, HB 1169 ....__..________.290, 294, 319, 351, 479
Bell, Honorable Joseph Merritt; sympathy, SR 360 ._._..__.__..._.......__......1668
Benbenisty, Mr. Morris; compensate, HR 548 ._.__._...__._..._310, 316, 350, 395, 538
Beneficiaries, Third Party; warranties of goods, HB 1506 _.__..1010, 1017, 1205
Ben Hill County-Fitzgerald; merge school districts, HR 523 -- ----------------............___._119, 122, 142, 242, 276
Ben Hill-Fitzgerald Development Authority; receive tax receipts, HR 742 ........__._............__....__920, 941, 1036, 1041, 1393
Berrien County Sheriff; compensation, SB 411--------256, 294, 320, 354, 851, 1895
Berrien County Tax Commissioner; employees' salaries, SB 428 ._.._.._____._-___...-........-....___...._..__..291, 318, 397, 429, 851, 1895
Berrien County Tax Commissioners; powers and duties, SB 399 ...__._________________.213, 240, 526, 671, 1184, 1895

1918

INDEX

Bibb County; admission to lakes exempt from sales tax, HB 1714 ....._.-_.-.__._______.__........._......_.__..._.._.._.....___..1180, 1194, 1370

Bibb County; lease land to U. S. Agriculture

Department, HR 543

_......___.._,, ____________211, 215, 241, 351, 399

Bibb County-Macon; create citizens' committee

on government, HB 1442 _.____.____._._.___________..__.___.850, 860, 945, 1219, 1380, 1478

Bibb County State Court; clerk's bond, HB 1483......_._.__....716, 729, 802, 809, 884

Bibb County Superior Court Clerks; fees, HB 1204 __________.._._._.._....915, 931, 1028,

1483, 1627, 1888 Bibb-Monroe Counties; merge, SR 241 ....-___.-___-________________._________________________ 235, 262
Bible, Sales Tax; ratify Executive Order, HR 682 ._....____...__.___.__. 1010, 1023, 1210,

1302, 1372, 1659Birdsong, Mr. William E., Sr.; commend, SR 353 __-____________-__-____.____-_________1667 Bird, State; bobwhite quail, HR 39 _.__..__._________._______________.922, 940, 1035, 1216 Bird, State; brown thrasher, HR 694 _..______.___.926, 940, 1036, 1216, 1813, 1871

Biack Rock Mountain State Park; land easement, HR 276............ 232, 238, 265, 352 Blackshear Mayor's Court; election of
judge, HB 1599 ..__._._.______._.............. .___..____. 919, 937, 1034, 1482, 153T Blakely, City of; polling places, public
utilities, HB 1035 _._....__...._. ....... ............________________100, 102, 115, 127, 146 Blakely, City of; public utilities, HB 1036 ___._________.____100, 103, 115, 127, 146 Blakely-Columbus Route; known as "The Chattahoochee
Trail", HR 521 ............................_....-__________________383, 388, 428, 650, 756

Blalock, Honorable Daniel B. "Brack"; commend, HR 1011 _._.____.____...___.1674, 1739

Blasting Vicinity Gas Lines; requirements, HB 1663 ....................... 1176, 1199, 1363, 1411, 1484, 1618

Bleckley County-Cochran School Systems; merge, HR 853 _______________.__._.._.________________________1178, 1195, 1369, 1481, 1594

Bleckley County Sheriff; deputies, compensation, HB 1586 .................................................917, 936, 1032, 1479, 1551

Bleckley County Tax Collector; compensation, HB 1587 _,,________ 918, 936, 1033, 1479, 1546

Blind, Georgia Factory for; surplus funds, SB 491 __.......__........................................633, 736, 744, 832, 1680, 1848, 1897
Block Busting; real estate, HB 1615 _...___.__.___.____.,.__1097, 1163, 1203, 1684, 1813, 1872 Blood Donations; age requirements, SB 369 ......... _....__.137, 186, 242, 281, 1503, 1895 Blood Tests; percentage of alcohol found in blood, SB 92......_...(No action in 1970) Blue Ridge Judicial Circuit; district attorney,
expense allowance, SB 338 .__....._.__...._...__.______._______.__________ 109, 123, 959, 1091

Bobwhite Quail; State bird, HR 39 ............................................. 922, 940, 1035, 1216 Bond, Bail; number of times for same offense, HB 1271 ______________ 382, 386, 426 Bond, Bail; pre-hearing bond valid for
trial, HB 1063 _________._.__...._..._____......_.._____._.____.382, 385, 425, 1042, 1303 Bond, Bail; regulate business, HB 1297 __.________.__._______________.___________417. 422, 471 Bond Issues, Housing Authorities;
interest rates, SB 472 ..._..____________________._______464, 517, 521, 693, 1886, 1894 Bond Requirements; garnishment proceedings, SB 327----..........100, 113, 266, 304

Bonds, Behavior, Peace Warrants; repeal certain provisions, SB 463 _______________.____._____.____._______._________419, 469, 811

Bonds, Criminal; fees of sureties, SB 477 ........_..........__..............._..................465, 518 Bonds, Housing Authority; interest rates, SB 473 -_.,,._--___.______--.464, 517, 521,
694, 1886, 1894

Bonds, Revenue; interest rates, HB 1196 ..............._........_..923, 930, 1028, 1217, 1411 Bonds, Surety; public contractors, SB 533 ____.__.______________791. 872, 1219, 1408 Bootle, Judge William A.; commend, SR 238 _..___________...____________________.214, 353, 434

INDEX

1919

Bowdon, Town of; corporate limits, HB 1487 ........ .,,_..________ 716, 729, 802, 809, 884 Brantley County Sheriff; appoint deputy, HB 1441 ........... 500, 515, 647, 1481, 1538 Broadcasting Fees; prohibit for high school
athletic events, SB 332 .....____..._._.._._..._..__._............._..___......101, 114, 143, 191, 223 Brown Thrasher; State bird, HR 694 _..........__.__........ 926, 940, 1036, 1216, 1813, 1891 Brown Thrasher State Park; formerly Gordonia
Altamaha, HR 733 .... ....__..............___.._..... .__................__..........._ 1012, 1024, 1211 Brunswick, City of; personal property tax, SB 537 .__..__......_....! 792, 872, 956, 1047,
1104, 1885, 1897 Budget Bureau; information on new programs, HB 1364 __...__......_. 1172, 1187, 1368,
1523, 1876 Building Administrative Board; budget unit
of executive branch, HB 1446 _........._ .__,,.................._._____.. 1335, 1350, 1512 Building Administrative Board, State; part of
executive branch, SB 383 __________.__...._____________________.___.181, 200, 298, 324, 788, 1895
Building Authority, Hospital; amounts of bonds issued, HB 658 ...._.____..__..__........._...__.......__............_...__.......____.178, 183, 201, 521, 974
Building Authority, Penal; amount of bonds issued, HB 659 ..__._._____ 1161, 1162, 1203, 1372, 1796, 1890
Building Code, State; Industry & Trade Department submit to 1971 General Assembly, SB 322 ......_..-.__.........___.....___.....81, 104, 169
Buildings, Construction of; safety glazing materials used, SB 572 _........._1348, 1512
Buildings, Public; unlawful to block entrance, exit, SB 285 __..___--_..._.__ .....___.9
Bull<8ch County Commissioners; personnel, compensation, HB 1512 ......._..._..____............__..____........._..._.__.718, 731, 803, 809, 886
Bulloch County Education Board; create, HB 1612 _.._........850, 867, 950, 957, 1059
Bulloch County Jailer; compensation, HB 1513 ..._.._....__._....._718, 731, 803, 809, 887
Bulloch County Ordinary; personnel, compensation, HB 1514 ___.___._____.____..____.._______._____.__.____..._____.718, 731, 803, 809, 887
Bulloch County Superior Court; personnel, compensation, HB 1511 ..____.._-...........___-__..____.........-_-____....._717, 730, 803, 809, 886
Bulloch County Tax Commissioner; assistants, compensation, HB 1510 _......_........ .....__.__......717, 730, 803, 809, 879, 1174
Burglary; revise provisions relating to, HB 1351 ..__..____.__------_.__ 925, 932, 1029
Burial Property; General Assembly exempt from taxation, SR 217 .._...._.._____....._.......__._..._ 112, 125, 126, 165
Burke County Education Board; mid-term transfers, HB 1499 ------.-..--_---.-...------___717, 730, 802, 1218, 1381, 1476
Buses, School; specifications, HB 1603 __._......_...__..1335, 1350, 1513, 1527, 1735, 1889
Buses, Transit System; size and route limitations, SB 356 .-,,-------._.._.....------......_.------.__..------...120, 141, 144, 200
Butts County; criminal cases, costs, HB 1682 __,,,,._._,...__1181, 1192, 1365, 1480, 1556
Butts County Ordinary; personnel, compensation, HB 1540 .__.._______..._......__..___.,......_...____...922, 933, 1031, 1480, 1532
Butts County Sheriff; expense allowance, HB 1538.----849, 862, 947, 1480, 1535
Butts County Sheriff; uniforms, HB 1683 __.......______..._1182, 1192, 1365, 1480, 1556
Butts County Superior Court; State Library to furnish books, HR 873 _______...._..._._..__........_...___....1343, 1357, 1521, 1523, 1776
Butts County Tax Collector; personnel, compensation, HB 1684 ------_.------..._...___..------.1181, 1192, 1366, 1481, 1557
Butts County Treasurer; compensation, HB 1539 .....______.849, 863, 947, 1480, 1533

1920

INDEX

Cagle, Mr. A. M.; compensate, HR 563 ..... __.___..__________________851, 868, 951, 1038, 1318

Cairo Development Authority; interest rate

on bonds, HR 824 __._.___._.__..__.__..._._____________1179, 1195, 1371, 1481, 1584

Calhoun County Sheriff; salary, HB 1236 ______._._._.____. 231, 237, 264, 320, 358 California and Georgia; reciprocal agreement ........_.._........_ ..................___.__131

Callaway Gardens; commend, SR 249 __________________________ 313, 522, 758, 1474 Camden County Historical Commission;

create, HB 1594 ___._____________.__________._________.____......____918, 937, 1033, 1481, 1538

Camden County; tax offices, consolidate, HB 1440 ..........____._,,__..500, 515, 647, 1219, 1379, 1477

Canton, City of; Governor convey land to, HR 672 ............721, 734, 806, 1213, 1420 Capital Punishment; abolish death penalty, SB 282 ____________________8. 526, 775 Capitol, State; parking prohibitions, SB 440 ..._......_.__..__..................340, 389, 473

Carroll County Vocational Technical School;

create, HR 692 .___.________._..______________503, 516, 648, 651, 1063

Carswell Supreme Court Nomination; commend President, SR 223.._.__......_......130

Carter, Mrs. Mary E.; compensate, HR 564 _._____.___._._____852. 868, 951, 1038, 1319

Cash, Mr. George Frank; compensate, HR 565 ....................852, 868, 951, 1039, 1319

Castellani, Robert J.; commend, SR 196 __-__..__________________54, 84, 129, 172

Castleman, Honorable Henry; happy birthday wishes, SR 240 .._...._.___-228

Catfish, Channel; make game fish, SR 301 ___________..____-___.__--_--859, 1037

Catoosa County; pre-marital examinations, HB 1306 ............380, 386, 426, 523^756

Catoosa County Tax Commissioner;

*

clerical allowance, HB 1243 _________.__._-_.___________.336, 344, 392, 522, 675

Cattle Branding Law Study Committee; create, SR 291 ...................._._..........793

Causey, Mrs. W. G. (Becky); commend, SR 327 --._.__.__--.____--________1333 Cemetery Trust Funds; invest assets, HB 1416 __........922, 931, 1029, 1523, 1753 Census of School Children Study Committee; create, SR 320 ..______________________1187 Chaplains:
Boone, Rev. Walter E. __._._............_._.__...._____._.______.......5 Bramlett, Rev. J. 0. ........___.....................__..___................_____..__.5 Cliburn, Rev. Edwin ........_._....__.......__.___._.__._._._._...__.--....713 Cosmato, Rev. Ted ........____._....._.__._._.__.___.........._........_915 Craton, Rev. Frank ................__._......_._____.__._..._.....__..__....._106 Gilreath, Rev. F. Eugene _____________________......._........_.______335 Haggai, John __________________________...._._..___.___._--___--....38 Hand, Dr. Othell ..........._....._.._...._..._._..____...___________._.........784 Hodges, Rev. Dan _.........._.......................__.._...__.._.......____.._______.379

Holliday, Dr. Joseph S. .........._.___...___________.__.._.___._.______..88 Huling, Reverend Robert M. .__..........._...___________________.210

Hutcherson, Dr. Guy ...._.....__.______________.____._.________148 Maxwell, Reverend John _____.___...__...._.____.____._____...23 McKinstry, Mr. Tom _......._..._.._....___.__............_...___.........______130

O'Brien, Rev. S. Michael ,,._..______________._________________631 Patten, Reverend Grover C. ..........____....._____..._.....________..846 Rainwater, Rev. W. L. (Bill) _.__._.._._.._..__.........._______...........1002 Ramsey, Reverend Gilbert _________...___.._________.......................492

Rea, Rev. Robert J., Jr. .....___________--________________415 Richardson, Dr. John ....________...._______--_--..--..--..._._...__.__-..244 Shellnut, Rev. Fred _...................__.__.__....._____.....__...____-1500 Smithmier, Rev. Claude .______._._.__...__....__._____________.__116 Sneed, Dr. J. J. ..........._........___________________________253 Taylor, Dr. H. Kerr _______._._......____..________________--..--.....--..300

INDEX

1921

Warr, Reverend Kimsey F. ----_--------------_.___..__.--__....__.___..__.___......_..204

Waters, Reverend Jimmy __--._--_--___--_____--___--...___-------------__.----._.___1171 Webb, Rev. James _..----_._--------------._------.._._._....------------------.784 Charlton County Commissioners; add members, HB 1439------.500, 515, 647, 1219,

Charlton County Commissioners;

1378, 1478

meeting- days, HB 1604 _--.___.----____..--___----------_849, 867, 950, 1482, 1531 Charlton County Education Board;
election, HB 1438 ...._...__..--.----------------------BOO, 515, 646, 1219, 1377, 1478 Charlton County-Folkston Airport Authority;

create, HB 1437 ______----.--.------_--------------600, 515, 646, 1219, 1376, 1477 Charlton County Historical Commission;
create, HB 1461 ..__--..._--------.--_.----..----------715, 727, 800, 1481, 1538 Chatsworth, City of; new charter, HB 1242 ------------------.416, 422, 471, 522, 682 Chattahoochee County Sheriff; salary, HB 1419 _.--------498, 513, 645, 650, 754 Chattahoochee Judicial Circuit Study Committee; create HR 258----_-_.----12

Chattahoochee Trail; Blakely-Columbus route, HR 521 __..______._...... .........._.....383, 388, 428, 650, 756
Chattooga County Sheriff; deputies, compensation, HB 1607 --.._ .------------,,----------850, 867, 950, 957, 1059
Cherokee County Commissioner;

compensation, SB 559 ..--____....--------..927, 1026, 1167, 1224, 1676, 1894 Cherokee County Jailer, Deputy Sheriffs;
compensation, SB 560 .......----------.----------928, 1026, 1167, 1224, 1676, 1894 Cherokee Judicial Circuit; secretary, HB 1436 _----.--------500, 515, 646, 742, 820 Children and Youth Act; exempt certain

nurseries, HB 1535 ..__.__....._______.__-1009, 1017, 1205, 1214, 1877 Children; parents binding out, HB 1701 --____--------1173, 1190, 1365, 1484, 1766 Chiropractors; included in medicare assistance, SB 430 --------------292, 318, 396 Churches' Motor Vehicles; exempt ad valorem
tax, HR 722 ----------______________..........--_,,._--------_923, 940, 1036, 1217, 1493

Cities; authority to regulate salaries, pensions, SR 52 ------------__------------_ 10 Cities, Counties; occupational tax, exempt government
employees, HB 1460 .--__----..._--._----___----.1010, 1016,-1205, 1372, 1618 Cities, Grants; provide for special census, SB 161 ......_...._.(No action in 1970)

City Court Clerks; destroy dismissed pleadings, SB 529 ------------790, 871, 1684 Civil Actions Against State; General Assembly

provide for, HR 735 ..................._--....._133B, 1352, 1514, 1685 Civil Cases; money damages, provide which court, SB 15 -----.----_----_..--.84 Civil Defense Employees; members of state retirement
system, SB 355 --..._....._..--..--------.__..............__..----..___......120, 141, 745 Civil Practice Act; provide time for taking
executions on judgments, HB 139 __....--.----._------------------243, 284, 856

Clarke County-Athens Health Board; members and funding, SB 509 ......._........__.....--...._......_--------636, 739, 742, 816, 1184, 1896

Clarke County City Court; change from Athens City Court, SB 507 --------------.635, 739, 742, 815, 1346, 1496, 1895
Clarke County City Court; special investigator, salary, HB 1713 .----........--...----._1180, 1194, 1370, 1481, 1555

Clarke County Commissioners; compensation, SB 502 -------------634, 738, 742,

814, 1183, 1895

Clarke County Coroner; compensation, SB 501 ------------------634, 738, 742, 813, 1184, 1297, 1895

Clarke County Juvenile Court Judge; compensation, SB 500 ----------__.__..........634, 738, 742, 813, 1183, 1895

1922

INDEX

Clarke County Magistrate's Court; office hours, HB 1709 ..-.-_..-._....-__..._...._._.__....__._._._.__1180, 1194, 1372, 1481, 1555
Clarke County School System; homestead exemption, SR 235 _________213, 240, 396, 441, 1185, 1896
Clarke County Sheriff; compensation, SB 503 ........,_..____._..._...635, 738, 742, 814, 1184, 1297, 1895
Clarke County; tax offices receive Athens city taxes, HR 870 _..__.......-_-.....____......._______,,..,,_....,,.,,_____..___....__....1178, 1196, 1369
Clarke County Treasurer; compensation, SB 508 _...__....._..........635, 739, 742, 815, 1346, 1497, 1896
Clayton County Civil and Criminal Court; court costs, SB 547 ____._________-_____________._._._______.______842, 877, 956, 1048, 1504, 1898
Clayton County Civil Service Board; terms, HB 1635 ....__....._____......_......._._............_...__......_100B, 1019, 1207, 1482, 1542
Clayton County Coroner; compensation, HB 1633~~~_~~1004, 1019, 1207, 1482, 1541 Clayton County; judge, solicitor,
salaries, HB 1629 .........____...._._...............___......._.......__1004, 1018, 1206, 1482, 1540 Clayton County Ordinary; compensation, SB 569 _.._--____-__.____1164, 1202, 1219, 1389 Clayton County; removal of abandoned motor
vehicles, HB 1631 ._.____....._._._._.._.____....___._...._..._....__....1004, 1018, 1206, 1482, 1541 Clayton County Sheriff, Superior Court Clerk;
salaries, HB 1628 _........__....._.._._..____. ..___,,..____....._...1004, 1018, 1206, 1482, 1540 Clayton County; street light districts, HB 1634 ___._______1004, 1019, 1207, 1482, 1541 Clayton County Tax Commissioner;
compensation, HB 1630 ..__.__..._._._.__._......_.._....._._.1004, 1018, 1206, 1219, 1385 Clayton Judicial Circuit; assistant district
attorneys, SB 549 ___..__...,,_..._,,.._.__.....___......_...._._....,,-._.._.__.,,.._.,,__._.._.858, 901 Clayton Judicial Circuit; assistant district
attorneys, SB 570 ____.....__-.....-_._.....__._-_.__._.._...._.__...-__._1165, 1202, 1219, 1390 Clayton Judicial Circuit Court Reporter;
salary, HB 1632 .___ .__._... .._....______.....___......_1004, 1019, 1207, 1484, 1660 Clendenon, Honorable Bonn; commend, SR 290 ...__...,,--..........,,._--,,___..--___---,,.--.782 Clerks, Superior, City Courts; destroy
dismissed pleadings, SB 529 ....___....._..._____..._...._...._._...._____.__790, 871, 1684 Clinch County Education Board; election of
members, HR 841 .._-.._..._.._._._..___..-_-..____....._...___1008, 1025, 1212, 1482, 1653 Clinch County Ordinary; compensation, HB 1690 ...____1008, 1022, 1210, 1482, 1537 Clinch County; tax offices,
consolidate, HR 842 ..___..__._-.._....-__......._........_....___.....1178, 1195, 1371, 1525, 1710 Clinical Laboratories; licensed to operate, SB 387 .._-....__........____195, 215, 459, 960,
1509, 1655, 1895
Coastal Islands and Marshlands Planning Commission; create, HB 1199 ...,,..___...__-_.__-....,,.._,,.--__-_.._.__.417, 422, 471
Coastal Wetlands Protection Board; create, HB 212 ._......__.__....__459, 483, 632 Cobb Judicial Circuit; assistant, HB 1580 ..._...____.__....917, 935, 1032, 1040, 1230 Cobb Judicial Circuit; officials'
salaries, HB 1443 __._____._______......_-...-__._....___.._.__._..500, 516, 647, 650, 755 Cochran-Bleckley County School Systems;
merge, HR 853 -_.----------_1178, 1195, 1369, 1481, 1594
Coffee County Education Board; create, HB 1428 ...----.-,,_.- ........ _.......499, 514, 646, 1480, 1535
Coggin, Senator Frank; statement __,,----.._-...___-_._.,,-_--_--_,,----~___.___._1171 Collateral Pledge Requisites; Higher Education
Assistance Corporation, HB 1377 ___.__....__-________._.__1177, 1198, 1363, 1523, 1876
Collins, Mr. Walter A.; compensate, HR 700 .___.__..._.._...853, 870, 952, 1038, 1327

INDEX

1923

Colquitt County Commissioners; districts, HB 1547 ____.--------------_____----_----916, 934, 1031, 1479, 1508, 1548
Colquitt County Commissioners; salary, HB 1328 ___._._494, 509, 641, 650, 750 Colquitt County Education Board;
districts, HB 1548 ----_..__----_...------..__--__----___.-916, 934, 1031, 1040, 1227 Colquitt County; establish law library, HB 1327 _____502, 509, 641, 1376, 1751 Colquitt County Superior Court; terms, HB 1172 _____..193, 197, 217, 522, 674
Columbia County Electrical Examination Board; create, HB 1471 _____..._____._.,,..._ ._..,,.--____.__----_----_715, 728, 801, 808, 883
Columbus-Blakely Route; The Chattahoochee Trail, HR 521 ,,-_,,__.____.___,,._.__ __.___________383, 388, 428, 650, 756
Columbus Municipal Court; deputy marshals, expenses, HB 1179 _----_.___.________----____________----_193, 197, 217, 242, 270
Columbus-Muscogee County Building Commission; change to Authority, HB 1257 ----__------__.._--_--.---- 336, 344, 392, 397, 430
Commerce City Manager; election, HB 1717 __..__._--___.__. ._----__-______.__----1336, 1351, 1513, 1526, 1692
Commerce, City of; election dates, HB 1716 __--___----___________----.__----__1336, 1351, 1513, 1526, 1693
Commerce, City of; election of education board, HB 1715 ,,_____--__,,____,,_,,__......1336, 1351, 1513, 1526, 1686, 1888
Commerce Mayor's Court; change to recorder's court, HB 1719 __._----.___-____-____..____----.1336, 1351, 1513, 1526, 1688, 1889
Commerce Officials; change election HB 1715 ----_----__----__----._----________1336, 1351, 1512, 1526, 1686, 1888
Commission, American Revolution Bicentennial; create, HR 660 _._____________-____-__-.___-__-._-_____----__1345, 1360, 1520, 1685
Commission, Fernbank Science Center; create, SR 266 ........ __,,----_____----_______466, 519, 960, 1105, 1886, 1898
Commission, Pulton County Judicial Study; create, SR 283 ___--__,,------726, 800 Commission, Georgia Dangerous Substances Control;
create, HR 828 _______________.__-______.._______.________-__.__1173, 1190, 1365, 1375 Commission, Juvenile Court Law Study;
create, HR 621 _____________________________________1177, 1199, 1362, 1685, 1854, 1890 Commission Merchant; agricultural products sale,
liability on security interest, SB 451._______.384, 424, 648, 760, 1505, 1621, 1895 Committee; commend 1969 Providence Canyons
Study, SR 251 ._,,_,,__._.__----__________.314, 522, 757, 1509 Committee, Criminal Law Study; new
member, HR 868 __-_-_________------_-__--__----_1344, 1357, 1521, 1684, 1776
Committee, Health and Welfare; function on adjournment, SR 306 _-___-___--______,,,,__._,,_____,,__ _______ ___929
Committee of the Whole Senate __.___--._.------__----_.._------____--_______888, 1849 Committee; to study abortion, SR 311 ___________----___------__...._........_1014 Committee; to study alcoholism, SR 221 ________________________________________----139 Committee; to study Atlanta airport systems, SR 255 _________ _342, 398, 452 Committee; to study auditing of investments, SR 286 _.____.................792, 873 Committee; to study "Awareness House", SR 247 ___________________________._313 Committee; to study bail bonding practices, SR 219 __-----__________________138 Committee; to study cattle branding law, SR 291 ____________________________793 Committee; to study census of school children, SR 320 __._----___________ -1187
Committee; to study central printing agency, HR 850________1344, 1361, 1521, 1685, 1874
Committee; to study Chattahoochee Judicial Circuit, HR 258--_--________.12 Committee; to study compulsory insurance, SR 236 ___.__._.__..__------214, 459

1924

INDEX

Committee; to study confinement facilities, SR 263 _,,___,,__,,_,,_,,_________421 Committee; to study confinement of prisoners, SR 262 _______________________421 Committee; to study consolidated retirement
systems, HR 546 _____._____._____________________________211, 215, 241, 527, 829 Committee; to study consumer affairs, SR 303 ____________________________928. 1026 Committee; to study Consumer Credit Code, SR 205 ____83, 219, 245, 417, 1898 Committee; to study criminal accused found innocent, SR 261 _.._.._..--.421, 841 Committee; to study defective automobiles, SR 309 _______________________-_________.1014 Committee; to study DeKalb County retirement
system, HR 695 _____..___.__,,________...___.__.____. 503, 517, 648, 742, 823, 1013 Committee; to study drug abuse, SR 246 ,,__________________---,______._--_______313 Committee; to study educational matters, SR 243 _._._-___----______--_.._----__ 293 Committee; to study examining boards, SR 302 ________________________________928 Committee; to study fire ants, SR 319 ___._____.________________.__._____.______1187 Committee; to study General Assembly meeting days, SR 340 ,,_____--_--_-_-..-._1350 Committee; to study Georgia motor transport, HR 739 _______-926, 940, 1036,
1685, 1831 Committee; to study highway laws, SR 218 .______.____121, 142, 203, 219, 856, 1896 Committee; to study highway laws, HR 535 __.._.__ .__..__.________383, 389, 428, 652 Committee; to study interstate highways, SR 363 _________________......._.--___1681 Committee; to study junked motor vehicles, SR 119 _______________(No action in 1970) Committee; to study legislative building, SR 254 ________..__ ._______342, 394, 398, 454 Committee; to study Minimum Foundation Program, SR 351 ......... ... ....1512 Committee; to study National Teachers Examination, HR 878.._....1338, 1357, 1685 Committee; to study natural and human
ecology, SR 305 .__...______..__.._._._. ...____._,,,,,,___ 928, 1026, 1214 Committee; to study private schools, SR 276 ___.____..____..._____637, 740, 810, 897 Committee; to study provation systems, SR 282 --_---_----.._---~._____._._..____.._..726 Committee; to study retirement systems investment
policies, SR 346 .___..__.--.___..._._______-___._._..__._.._-________--________1348 Committee; to study SB 514, SR 314 _________________________ ___._____1014 Committee; to study small forest landowners, SR 339 ----___--_.____..____..........1349 Committee; to study South Fulton single
municipality, HR 846 ____..___..-. __.._.._________1179, 1199, 1362, 1479, 1550, 1890 Committee; to study standards for firefighters, SR 333 ____________ ....___1349 Committee; to study State agencies space facilities, SR 264 _________421, 879, 966 Committee; to study State agencies space facilities, SR 359 _--___--.._ -1512 Committee; to study State employees' health insurance, SR 200_______ 82, 218, 244 Committee; to study street sweeping ordinance, SR 220 --__--_______...____-___138 Committee; to study taxation of banks, SR 335 ,,_._-____.___-_______--______.__1349 Committee; to study teacher certification,
classification, SR 312 __..___....__..__..____......____....997, 1027, 1214, 1419, 1887, 1898
Committee; to study teacher certification, classification, SR 313 --___________.__1014 Committee; to study tourism, SR 337 _._..-._____.._.______________________.__1349 Committee; to study trading stamps, SR 332 _______,,_.._,,_________.,,____________. 1349 Committee; to study traffic safety, HR 614_______1177, 1198, 1363, 1685, 1874 Committee; to study transportation, SR 273__--____606, 639, 746, 826, 1886, 1898
Committee; to study University System of Georgia, SR 330 ......__.____.....__.._...._.__....-_______.-____-_________.._______..___1349
Communications from Governor -_._.__.________13, 455, 548, 626, 627, 911, 1165 Compulsory School Attendance; children with
equivalent education exempt, SB 378 ___--_____--___--____----____. 180, 199
Confinement Facilities Study Committee; create, SR 263____________._421 Congressional Delegation, Georgia; urge to support
H. Res. 2500, HR 280 ..________.________.__________________.12

INDEX

1925

Conservation Division, State; create in Executive Branch, HB 1090 _.__________________________925, 929, 1027, 1213, 1410
Constitutional Amendments; provide effective date, HR 196 ______________________.58, 90 Constitutional Amendments Publications Board,
create, HB 1561 __-_____._____.________.________-_____._____.855, 865, 948, 1213, 1819, 1823, 1855, 1871, 1872
Constitutional Officers; compensation, SB 68 ______________________7, 743, 835, 844 Constitutional Amendments:
Ad Valorem Tax; churches' motor vehicles exempt, HR 722 ______,,_.______._______________ _923, 940, 1036, 1217, 1493
Ad Valorem Tax; exempt certain non-profit corporations, HR 204 ,,_____.______________,,,,_____,,_______.___._,,.._ 352, 1305, 1505
Ad Valorem Tax; exempt personal property in transit, SR 17.___..__.___ ... 243 Ad Valorem Tax; exempt persons 65 or older, SR 53 _____ (No action in 1970) Ad Valorem Tax; exempt stored
peanuts, HR 519 ___________________ __________________923, 940, 1036, 1217, 1421 Ad Valorem Tax; exempt with dependents in
private schools, SR 227 ________________________________..__._.._.. .__.... 182, 201, 743 Ad Valorem Tax; household exemptions, HR 544 ____..__..__..___. 290, 294, 320,
396, 1485, 1891 Ad Valorem Tax; non-profit hospitals exempt, HR 659 _________ 417, 424, 472,
745, 986, 1186, 1286 Ad Valorem Tax; tangible personal property
separate classification, SR 216 ___________ ..112, 125, 126, 163, 1511, 1898 Albany Development Authority; create, HR 738 _______ 851, 871, 953, 1482,
1509, 1587 Albany-Dougherty County Public Service
Commissions; merge, HR 830 ____________________...._.___...._il345, 1361, 1521 Alcoholic Beverages; tax to Health
Department for alcoholics, SR 71 ________________________ .,,_.____.. ___116 Athens Public Facilities Authority;
create, SR 284 ________________________..._____..._727, 800, 809, 988 Atlanta-Fulton County; one governing
authority, SR 225 _______________,,_________.________ 139, 187, 219, 247, 780 Augusta; create tax districts, HR 877 __________1344, 1361, 1521, 1526, 1701 Augusta; historic zones, HR 743 __________________,,_,, 921, 941, 1036, 1482, 1558 Augusta-Richmond County; consolidate
governing authorities, HR 827 .____,,,______________,,,,____,,_ 1345, 1360, 1521 Authorities; allow State to abolish and
to incur indebtedness, SR 13 ________________ __,,___________,,._.,,_ 116 Bibb-Monroe Counties; merge, SR 241 ___________________________.235, 262 Burial Property; General Assembly exempt from
taxation, SR 217 _______________________.___.._____.__ 112, 125, 126, 165 Cairo Development Authority; interest rate
on bonds, HR 824 _________________________________._1179, 1195, 1371, 1481, 1584 Carroll County Vocational Technical School;
create, HR 692 ________________ 503, 516, 648, 651, 1063 Civil Actions Against State; General Assembly
provide for, HR 735 ________,,_,,_ 1335, 1352, 1514, 1685 Clarke County School System; homestead
exemption, SR 235 ___________________________________ 213, 240, 396, 441, 1185, 1896
Clarke County; tax offices receive Athens city taxes, HR 870 .______,,,,_______,,_.________,_______.._____ 1178, 1196, 1369
Clinch County Education Board; election of members, HR 841 __________________... 1008, 1025, 1212, 1482, 1563

1926

INDEX

Clinch County; tax offices, consolidate, HE 842 __________..._....___1178, 1195, 1371, 1525, 1710
Cochran-Bleckley County School Systems; merge, HR 853 .-.__________..._____________ 1178, 1195, 1369, 1481, 1594
Constitutional Amendments; provide effective date, HR 196 ___..,,_____..__...._______________________________58, 90
Constitution; provisions relating to appropriations, SR 9_.--___,,.--____.____57 Constitution; revise Judiciary and Attorney General, SR 8 ______________9 Convicted Criminals; restore rights,
certain cases, SR 230 ______________________.______._____183, 201 Conyers, City of; homestead exemptions,
certain cases, HR 704 ________________1345, 1360, 1520, 1525, 1718 Corrections Board; increase membership, SR 274_________506, 639, 810, 897, 914 County Tax Districts; General Assembly
create, SR 292 ______________________________________________________________..__793, 873 Coweta County; indebtedness water,
sewerage purposes, HR 584 ____________________________ 232, 238, 265, 321, 409 DeKalb City and County Government; General
Assembly create, HR 736 ____________ 1335, 1352, 1480, 1514, 1725, 1891 Dougherty County Elections Board;
create, HR 872 _________________._.___________._______.__.1179, 1196, 1369, 1526, 1713 Dougherty County Registrars Board;
create, HR 871 ________________1179, 1196, 1369, 1681, 1706, 1892 Educational Loans, Grants and Scholarships;
General Assembly administer, SR 277 ________________ 637, 740, 746, 826 Payette County Education Board; appoint school
superintendent, HR 517 __________________.____._____________._.__118, 121, 142, 242, 271 Fayette County Education Board; education
districts, HR 518 ________________________________________________ ______118, 121, 142, 242, 273 Fayette County Grand Jury; review officials'
salaries, HR 618 ____________________________________339, 347, 394, 397, 445 Felony; third conviction ineligible for parole, SR 192 ____________________________ 41, 56 Fitzgerald-Ben Hill County; merge school
districts, HR 523 _______________________..__119, 122, 142, 242, 276 Fitzgerald-Ben Hill Development Authority;
receive tax receipts, HR 742 ______________ 920, 941, 1036, 1041, 1393 Fulton County; tax on automobiles licensed
in county, SR 73 ________________________________ 255, 287, 1896 General Assembly; amend Constitution to change
meeting time, SR 118 _____-_._____-_____________.._________._.243 Glynn County Public Improvement Authority;
create, HR 648 _________________________1179, 1198, 1363, 1480, 1570
Glynn County; water and sewage tax, HR 647 _________________.____1335, 1351, 1513, 1525, 1711
Governor; succeed himself, SR 287 ________________________ .792, 873
Gwinnett County Commissioners; authorize to enact ordinances, HR 603 _______________ __________ 232, 238, 265, 321, 412
Gwinnett County Commissioners; establish districts for public services, HR 812 _______________1008, 1025, 1212, 1482, 1560
Hall County Commissioners; assess taxes, HR 651_ ..._____381, 389, 428, 523, 682
Henry County Commissioners; regulate businesses, HR 680 ___________________503, 516, 647, 809, 1076, 1475
Henry County; levy tax on mobile home sites, HR 851 _________.._..._______1178, 1195, 1368, 1481, 1508, 1596

INDEX

1927

Highway Board; change to State Highway and Transportation Board, SR 234 _._._,,_______________________.196, 216, 266
Homestead Exemption; disabled veterans, HR 587----232, 238, 265, 954, 1289

Homestead Exemption; increase for disabled veterans, SR 224 ,,_._.______________________..._.__.139, 187, 218, 245

Homestead Exemptions; multiple ownership, HR 707 _--_-_.___-- 855, 870, 953, 1217, 1495, 1619
Housing; undeveloped slum clearance,

acquisition, SR 228 ._________________183, 201, 298, 368, 722, 907, 1896 Houston County; consolidate city,
county taxes, SR 307 -____.______._____929, 1026, 1168, 1391, 1676, 1898

Houston County Education Board; grants to handicapped, HR 669 _________.____________._______.__417, 424, 472, 651, 1060

LaGrange-Troup County School Systems; merge, HR 639 _._.._.______._-___________________ 339, 347, 394, 397, 447
Lee County; regulate businesses, HR 732 --_______.850, 871, 953, 957, 1065 Marietta Development Authority,
Downtown; create, HR 825 ___________ 1008, 1025, 1212, 1481, 1508, 1591

Marietta Parking Authority; create, HR 806 _..____._____________.___.----___.921, 941, 1036, 1041, 1395

Merit System; Personnel Board membership, HR 652.-__...-..._1177, 1199, 1362 Municipalities; governing authorities regulate
salaries, pensions, SR 52 __.-__-._____.___---..______.__._-____________--._._______.--.___ 10

Newton County; governing authority enact ordinances, HR 665 .._______________________382, 389, 428, 956, 1073, 1476

Pardons and Paroles Board; add two members, SR 295 ____________________________.________. 859, 944, 1041, 1291

Paulding County; fire districts, HR 727 ___________.-__718, 735, 807, 809, 1067 Paulding County; governing authority
enact ordinances, HR 725 __________.----_________718, 735, 806, 809, 1068

Paulding County; sewage districts, HR 726.--_________718, 735, 807, 809, 1071 Peach County Industrial Development Authority;
receive tax receipts, HR 583 _____.--______----____232, 238, 265, 1525, 1703

Perry, City of; homestead exemption, certain cases, SR 289 ________________.__._----_793, 873, 956, 1062, 1502, 1898

Public Debt; authorize incurring, SR 197 _____--_--___.__ 54, 84, 116, 152, 1823, 1838, 1845, 1870

Recreation Authority, Georgia; create, SR 248 __________._____--__313, 348 Retirement Benefits; authorize General Assembly
to increase, SR 203 _______________________._..______ 82, 105, 299, 364 Retirement Systems; change Constitutional
provisions, SR 75 __.__--------___---------____----(No action in 1970)

Retirement System; General Assembly use

available funds, SR 226

_____ _______.__._.121, 133, 142, 267

Retirement Systems, State; single agency administer, SR 209 _--_____.___----__--____--____________ .102, 114, 267, 329

Richmond County; regulate businesses, HR 811 __._.____.. ..._1178, 1195, 1370, 1682, 1722, 1890
Richmond County; street light districts, HR 810 -._____._._.___1008, 1024, 1211, 1480, 1568

Scholarships; to students in non-State colleges, SR 86._____.44, 88, 290, 1894

Smyrna Development Authority, Downtown; establish, HR 844 ____-______________.___._1336, 1351, 1514, 1524, 1704

Spalding County Grand Jury; review officials' salaries, HR 617 _____________________.......339, 346, 394, 651, 1079, 1475

1928

INDEX

State Employees; covered under minimum wage, SR 49 ____----.____..________243 State Employees; immunity from liability while
performing duties, SR 93 ______________..._____________________.____________,_____243 State Officers, Elected; increase salaries and
allowances, SR 195 _____________________________,,_.__.__________________________..41, 56 Surplus Property; General Assembly transfer
to schools, SR 207 __.______________________________________________________________ __102, 114 Tax; real tangible property separate
classification, SR 193 ______________________________________________._______.41, 56 Teachers' and State Employees' Retirement;
increase benefits, HR 624 ________________ ___787, 797, 876, 1485, 1629, 1675, 1739 Teachers' Retirement; increase benefits, SR 22 _._.___--_.....-_,,.--~._267 Thomaston-Upson County Tax Assessors;
consolidate, HR 664 ___________________...______..______________.503, 516, 647, 651, 1087 Veto by Governor; change procedure for
overriding, SR 43 ____________________..__.._._.._...1506, 1670, 1746, 1897 Ware County Sheriff; powers, HR 843 ____-_-___._1008, 1025, 1212, 1479
1566, 1679, 1792 Ware County; tax offices, consolidate, HR 869 __--_._____._._____1178, 1196, 1369,
1526, 1720 Wayne County; select legal organ, SR 245 ___________,,______.__..____ 313, 348, 397, 443 West Jackson County Fire District;
create, HR 814 _.__......_.___._-._..._______.___.1012, 1025, 1212, 1481, 1508, 1600 Winder-Barrow County School Systems;
merge, HR 730 ______________________________________850, 870, 953, 957, 1081 Constitution, New State; proposing, HR 514 ________________._________179, 184, 202 Constitution; provisions relating to appropriations, SR 9 _------_.______----....----57 Constitution; revise Judiciary and Attorney General, SR 8 ___________________ _.__.....9 Constitution Revision Commission; compensate
members, SR 272 _____.._____,,___. 506, 639, 811, 897, 1886, 1898 Constitution Revision Commission; compensate
members, HR 807 ______________________ ___-_______________-_.._________1344, 1357, 1520, 1523, 1743 Constitution Revision Commission Staff; commend, SR 338 ______.....___ _____1498 Constitution, U.S.; ratify 19th amendment, SR 304 __.__......_...._. 928, 959, 1026,
1258, 1506, 1898 Constitution, U.S.; urge amendment, judges'
terms, SR 239 ._._.___._.........._...........___.....____.-....._..__._.........214, 1042, 1287, 1334 Consumer Affairs Study Committee; create, SR 303 ....._.-..._...-.-.__.......... 928, 1026 Consumer Credit Code Study Committee;
recreate, SR 205 _ ._,,_,,___________,,____.____,,____,,_____..__.__.___._.__,,__ 83, 219, 245, 417, 1898 Consumer Information Program; Ga. Industrial
Loan Act, SB 64 ..___..,,..........___.........___........_.___........_._-___.-..____........_.__._..... 6, 242 Contests; forced participation by lessee unlawful, SB 181 __________ No action in 1970 Contraband Wildlife; disposal of, HB 1375 ______________ _____924, 932, 1029, 1215, 1470 Contractors, Dwellings; receive insurance directly, SB 225_----__.._--... ----_-143 Contractors; escrow agreement on State contract
for highways, SB 497 ____-........._._..._.-____......___-.._...-_--......_--.....-_.-.. 634, 737 Contractors, Public; surety bonds, SB 533 _____-.......-_._._-......____.791, 872, 1219, 1408
Contracts against Public Policy, Construction; unenforceable, HB 1064 __________________________________________ 179, 184, 202, 1042, 1304
Contracts by Highway Department; limitation of actions periods, SB 88 _.._____--_____________________________________.No action in 1970
Convicted Criminals; restore rights, certain cases, SR 230 ___________.,,_..________ 183, 201
Conyers, City of; homestead exemptions, certain cases, HR 704 ,,__.________.___,,________.___.____-_.__,,____ 1345, 1360, 1520, 1525, 1718

INDEX

1929

Conyers Mayor, Aldermen; election, HB 1590 ___-________918, 936, 1033, 1040, 1233
Copper Wire Purchases; dealers keep certain information, HB 1091 ___..__...___.......______.1171, 1186, 1368, 1376, 1665
Cordele, City of; amusement tax, movies, HB 1667 ___.__....._...1181, 1191, 1364, 1480, 1552
Corley, Mr. D. R.; compensate, HR 642 ..____.___...__463, 468, 520, 521, 710 Cornelia, City of; fire districts, HB 1720..._......__-1339, 1353, 1515, 1525, 1691 Cornelia, City of; mayor's term, HB 1721 __.___.1340, 1354, 1516, 1525, 1690 Corporations, Certain Non-Profit; exempt
from ad valorem tax, HR 204 _...............__..._....._..._.._..-352, 1305, 1505 Corporations; relating to dissolution articles, SB 470 ._..--_--420, 470, 521, 704,
1505, 1622, 1895 Corrections Board; authority in misdemeanor
offenses, SB 552 _.__.__._..__.._..._..___.__._.______....,859, 943, 1042 Corrections Board; continue public work camps, SB 365.--.._----137, 185, 267, 302,
1510, 1649, 1896 Corrections Board; increase membership, SR 274.___._.--.__.B06, 639, 810, 897, 914 Counties, Cities; levy certain excise
taxes, HB 1318 .___._.__....._._____________._1013, 1163, 1204, 1216, 1603, 1675 Counties, Cities; provide full-time jailer, SB 461 ...._._...419, 469, 958, 1092, 1167,
1285, 1334, 1657 Counties; impose tax on movie admissions, HB 1039 ___----_--___179, 184, 202 Counties; levy tax for ambulance service, HB 1521 ____..855, 861, 946, 1217,
1489, 1505 Counties; levy tax for municipal type services, SB 571 ___..._.---- 1187, 1361 Counties; ordinances to provide for tax payments, SB 342 ............110, 123, 126, 206 Counties; reimbursed for welfare patients in
nursing homes, SB 404 ._....__._._..__----233, 261, 368, 459, 480, 1885, 1897 Counties, Taxes Due; interest
rates, HB 1078 .---------------------------_..__462, 466, 519, 521, 1175 County Education Boards; membership
requirements, SB 316 _---..._..--,,__......__.._...__._.._......_..----._.... 53, 84 County Governing Authorities; insurance for peace
officers, SB 361 ..__..............__._.____.....--__._........._.__..........__.136, 185, 459, 535 County Managers; uniform qualifications, HB 1391...__.721, 734, 805, 955, 1298 County Officers; closing days in addition to holidays, HB 1293........_--462, 467, 520 County Officials; fee basis, repeal provision for
reporting, HB 921 ..........___.__.........____..........__.-.501, 507, 639, 1483, 1666 County School Superintendents; qualifications, HB 842__..._...--128, 176, 205, 208 County Sheriffs; minimum salary, SB 407 _..__..__._--__.-.__...._... 234, 261, 809 County Tag Agents; fees, SB 218 ...._.__..__.....__._._.......----_......1680, 1790, 1894 County Tag Agents; fees, SB 219 ..__--------______..____..__.458, 480, 1680, 1791, 1894 County Tax Digest; classes of property within county-
be uniformly evaluated, SB 478 ...........----_.._.....46B, 518, 649, 759, 1885, 1894 County Tax Digests; Revenue Commissioner check
for uniformity, SB 341 ..............._...-__...........-._.110, 123, 126, 172, 1884, 1896 Court Bailiffs; compensation, SB 562 _..........--_----.-..-..-..------.......---- 1013, 1200 Court of Appeals; judges' salaries, SB 26 _------......-..----.........._.--__,,..384, 399, 630 Court Reporters, Assistant; provide in certain
judicial circuits, SB 544 _._..............._----.......842, 877, 956, 1044, 1503, 1611, 1896 Court Reporter Emeritus; eligibility, SB 352 .._._._____......--__119, 140, 285, 526
Courts, Lower; organization, jurisdiction, HB 867 ----1335, 1350, 1512, 1528, 1768
Coweta County; indebtedness water, sewerage purposes, HR 584 ...........------........._..-__....__.._..232, 238, 265, 321, 409

1930

INDEX

Crawfish, Salt Water; possession of, HB 1670 ,,._.__~~927, 941, 1037, 1215, 1617 Crawford County Commissioner; compensation,
HB 1553 ___.___________________.______.___.______.____-_..__..._..847, 864, 948, 1040, 1228 Crawford County Ordinary; compensation, HB 1557 ....__.847, 864, 948, 1040, 1229 Crawford County Sheriff's Office;
compensation, HB 1554 .....___._______.._.____.....___.__...___-....__-_.847, 864, 948, 1040, 1228 Crawford County Superior Court Clerk;
compensation, HB 1555 ..___._.,,__..__-________.-___-___._. 847, 864, 948, 1040, 1228 Crawford County Tax Commissioners; salary, HB 1552 -..._-....___._....847, 864, 947,
1040, 1221, 1475 Crawford County Treasurer; compensation, HB 1556__.__847, 864, 948, 1040, 1229 Credit Card Act; clarify meaning, SB 386 _________.___.._.___-____-._.-.--~~.182, 200, 649 Credit Card Act; define terms, SB 348 -______.__.______-_.lll, 124, 521, 762, 1511, 1896 Credit Cards; prohibit certain activities, HB 378 ._._._ _....--_._...___..-.-.__._-..-.,_.243 Credit Cards; prohibit unsolicited issuance, HB 1028 ...___._....__._ 211, 214, 240, 741 Crime, Organized; provide means for
combatting, SB 436 .___-__..________...._._._..__-.__.___.__..__.312, 347, 460, 530, 1884, 1897 Crime; third felony conviction, mandatory life sentence, SB 304 _._--__--__-39, 55 Criminal Accused Pound Innocent Study Committee;
create, SR 261 .__,,.____ ... -_-----,,_-----_---.---_...421, 841 Criminal Arrest Proceedings; warrants, affidavit
form, HB 1576 ._...._..__-....__-.-.__.-.-.__...____...._-.-..__..1176, 1200, 1362, 1483, 1764 Criminal Bonds; fees of sureties, SB 477 ....___-....._._..____.._--...___...........___.465, 518 Criminal Cases; compensation of peace officers, SB 137 .----..----_. ----.._.__--_...84 Criminal Cases; defendant's statement, SB 403 .-______-_..___......____....______._...._._233, 261 Criminal Cases; punishment and sentencing, SB 335 _._--_._--,,....-.--.___ 109, 122 Criminal Code; amendments to, SB 72 ..___......__-...__.-.-._..-..--......-_.1678, 1797, 1809 Criminal Code; flight to avoid prosecution punished
as felony, SB 476 ....__.....,,.-.-..__....____...___.....__--...___-.-.-__..-.____464, 518, 745, 831 Criminal Fines; paid in installments, SB 363 ..__.....__..__......____-.136, 185, 267, 300
Criminal Law Study Committee; new members, HR 868 _........__......._....___..._..__.....____..____._. 1344, 1357, 1521, 1684, 1776
Criminal Record; jury access to for sentencing, felony cases, HB 228 ....__........___..._..._..........__..255, 259, 297, 526, 695, 788, 904, 911, 971, 1466, 1503
Criminal Trespass; persons entering without authority, HB 1350 _______ ___.._--___...._____......_._925, 932, 1029
Criminal Trials; defendant's statement be under oath, SB 305 ____----------__...___-.......___40, 55, 144
Criminals, Convicted; restore rights, certain cases, SR 230 .__...__-.._.__..._.__.--..__.-..__....___.__...._.__..183, 201
Crisp County; amusement tax, movies, HB 1668 __.._.._......__..__.1181, 1192, 1364, 1480, 1510, 1547
Crow, Honorable Carlton Emerson; sympathy, SR 278 _........._-_._...................._..685

D
Dade County Commissioners; compensation, SB 395 ...._......__.--...._..212, 239, 320, 358, 719, 782
Dade County Ordinary; salary, SB 396 ......_.__...__.....212, 239, 522, 671, 1009, 1670 Dairy and Science Club; commend, SR 293 ......__.......__........__......___......._ ._.825 Damages, Money; court having jurisdiction
after judgment, SB 15 ______ -,,_,,____,,_ _._____._,,_--._.____..._.__-....__--___......._......84

INDEX

1931

Dangerous Substances Control Commission;

create, HR 828 __________________________________...._.._.._..._.1173, 1190, 1365, 1375

Danielsville, City of; mayor and council,

salary, HB 1229 ________________._____.____-230, 236, 263, 320, 357

Davis, Honorable J. I., Jr.; sympathy, SR 318_________________________._____1167, 1185

Dawson, City of; new charter, HB 1532 ___________.__1003, 1017, 1205, 1218, 1383

Dawson County Sheriff; provided

automobile, HB 1645 ________ __,,,,__

_____1005, 1020, 1208, 1482, 1545

Day Care Centers; exempted from Children and

Youth Act, HB 1535 .......... _________________________--__-1009, 1017, 1205, 1214, 1877

Dead Bodies, Unclaimed; pay for distribution of,

HB 1613 .__.__,, ____________________________.__,___922, 938, 1034, 1167, 1299

Death Penalty; abolish, SB 282 _____________ ___----____

8, 526, 775

Death Penalty Cases; time for Supreme Court

remittitur, HB 1062 .__________________________ _________308, 314, 349, 526, 694

Death Tables, Permanent Injury; update, HB 1012____1175, 1196, 1366, 1524, 1765

Debt; allow State to incur, abolish authorities, SR 13 __.____,,____________________.......... 116

Debt, Public; be a State obligation, SR 197 ...____,_______________54, 84, 116, 152, 1823,

1838, 1845, 1870

Decatur, City of; corporate limits, HB 1640 _____________1005, 1020, 1207, 1682, 1878

Decatur County Criminal Court; officials,

compensation, HB 1733 ___,,,,__.........______________1341, 1355, 1517, 1525, 1700

Decatur County Sheriff; compensation, HB 1597.---~~.918, 937, 1033, 1040, 1234

Deeds; attestation requirements, HB 1092 ________________________ 290, 293, 319

Deeds, Security; grantor death not affect

reconveyance, HB 1051 _,,________,,__,,__,,__,,_________--_ 308, 314, 349, 460, 481

Deeds Witnessed by Out-of-State Notaries; delete

certain provisions, HB 1044 ___________________________________________________________ 211, 214, 240

Deer Hunting; allow from tree stands and scaffolds, HB 375 ______________________ 10

Defective Automobile Study Committee; create, SR 309 ___.____________________________1014

Defendant, Criminal Cases; not compelled

to testify, SB 403 _,,___. _,,__,,,,.____ 233, 261

Defendants; credit on sentence for time spent in

jail, HB 1067 __________________________________________________________________ 231, 235, 262, 352, 403

Defendant's Statement; be under oath in criminal

trials, SB 305 ___________________________________________________________._____,,_,,____ 40, 55, 144

DeKalb City and County Government; General

Assembly create, HR 736 ______._________._____________1335, 1352, 1480, 1514, 1725, 1891

DeKalb County; auto tax returns, HB 1414 ________.__________497, 512, 644, 956, 1051

DeKalb County; buy water lines from

Atlanta, SB 490 ______ _________________________________________________505, 639, 650, 748, 1675, 1897

DeKalb County; change time for certain

elections, SB 427 ____._____.________.__.___.______.___.___._____._-_-__-____.291, 318, 397, 428

DeKalb County; commissioners, election, SB 101 ___________________1503, 1647, 1894

DeKalb County Commissioners; membership, HB 1477 --______________716, 729, 802

DeKalb County Community Relations Commission;

create, HB 1723 ________________________ .________.____._1340, 1354, 1516, 1525, 1690

DeKalb County Juvenile Court Judges;

compensation, HB 1565 _.._.__________.___________,,__._______848, 865, 949, 1040, 1222, 1475

DeKalb County Officers; compensation, HB 490 ______________________1336, 1350, 1512

DeKalb County Police Chief; merit system, HB 1533 _________________________________ _________________________ 846, 862, 946, 1481, 1539

DeKalb County Retirement System Study Committee; create, HR 695 ___________________________________________________503, 517, 648, 742, 823, 1013

DeKalb County; revise tax assessments, HB 1415 _______-498, 512, 644, 742, 819

1932

INDEX

DeKalb County Solicitors; compensation, HB 1653 ....._._..__.__._________________1006, 1020, 1208, 1482, 1547, 1889
DeKalb County Superior Court Reporters; payment, HB 1393 __-__._...____________........______.._______.____495, 510, 642
DeKalb-Fulton Counties; bus widths, transit system, HB 1523 __._.__._______.._____________ _______.857, 862, 950, 1040, 1225
Delinquent Offender; Juvenile Court Law Study Commission, create, HE 621 _____________1177, 1199, 1362, 1685, 1854, 1890
Dependent Children, Aid to; redefine terms, SB 439 _________.______.._ 312, 348, 459 District Attorneys; appoint assistants to equal
number of judges, HB 1359 .......__..............1010, 1016, 1205, 1684, 1786, 1889 District Attorneys Association; receive
training grants, HR 637 ____.____._______._____1174, 1190, 1365, 1684, 1776 District Attorneys; compensation, HB 1161 ________..__._.____254, 260, 298, 352, 403 Divorce Judgment; not contested after 3 years, HB 498 ___________308, 314, 348 Divorce, Uncontested; court conclusions, HB 1029 __.__176, 183, 201, 526, 698, 789 Dobbs, Mr. Tim; commend, SR 349 ________________________..___.__._._1498 Doctors of the Day:
Atkins, Dr. E. C. _______ ___,,,,.___________________.__,,_,,,,,,,,,,_.________ 220 Berry, Dr. Markham ________________,,,,____,,___-_,,_____,,__,,_____,,_._,,_,, 23 Buchanan, Dr. L. C. _____________________________________.___-__,,_,,_,,_,,_ ______ 335 Christopher, Dr. Philip E. ___________-____._--_._.._____-,,,,_,,__ ____.__713 Dowda, Dr. F. W. .__.____...____________________________ ______,,. 52 Faile, Dr. George _____________________.__..._________________________________________300 Fulghum, Dr. Charles B. ____.___________._________________416 Harden, Dr. Timothy, Jr. ___________________....____._____.___ 379 Haverty, Dr. John Rhodes __--______--_______....___--_--,,_____ --105, 1673 Holloway, Dr. George A. ________._______________________ __________________ 271 Jolley, Dr. Fleming _____________________________________.____,,____,, ______1500 Kaufmann, Dr. James A. ___-__--___._______________--___.______________ ___18, 915 Klingbeil, Dr. Robert T. ________________________,,_____._._______.,,__.____________783 McClaren, Dr. John R. _______._.,________________ ___,,_,,_____________________ 88 McKenzie, Dr. Donald J. --_____________--_.___--_____.____________________ 845 Mitchell, Dr. W. C. ..____.__._._________.-_,,__-_,,___,,___,,__.________ 244 Proctor, Dr. E. E. _.___________._____________.____________ _____130 Rogers, Dr. Harrison, Jr. ______________ __,,_,,________________________________ 204 Session, Dr. George P. ____________________.__________-_-____-_.___ 493 Sotus, Dr. Peter C. ___________.____-______._________________-___1171 Stubbs, Dr. Joe C. .--______________.___.__________________________________ 38 Tether, Dr. Robert S. -._________________________________________ 307 Watkins, Dr. Charles B. ______,,_______________________,,_.._.-___ 631 Wells, Dr. David A. __________________________________________ 148 Dodge County; centennial year, HR 927 ______-________-__________1338, 1499
Dooly County Deputy Sheriff; compensation, HB 1704___________.___..._ 1339, 1352, 1515, 1526, 1695
Doors, Glass; safety glass required, certain cases, HB 412 ___________..____________________________10, 652, 968, 1174
Doraville, City of; corporate limits, HB 1686 ...._____1173, 1189, 1364, 1481, 1557 Dougherty County-Albany Public Service Commissions;
merge, HR 830 ,,______.__________________________________1345, 1361, 1521 Dougherty County Elections Board;
create, HR 872 _,,__________..___________.____1179, 1196, 1369, 1526, 1713 Dougherty County; law library, HB 1488 _.._._________716, 729, 802, 809, 885 Dougherty County Registrars Board; create, HR 871__-_____._1179, 1196, 1369,
1681, 1706, 1892

INDEX

1933

Douglas, City of; mayor, commissioners,

salaries, HB 1398 ....................___..___495, 510, 642, 1480, 1535

Douglas County; centennial year, SR 253 ._________________________________ 334, 722

Douglas County; centennial year, HR 671 ______________________________________340, 359

Douglas County; tax on mobile homes, HB 1124 ____________.________.._._290, 293, 319

Douglasville, City of;'corporate limits, HB 1530 ________916, 933, 1030, 1040, 1226

Driver's License; change point system, SB 272 __._...____,,._(No action in 1970)

Driver's License; eye test every five years, HB 349 ________.___________.854, 859, 944,

1215, 1762, 1889

Driver's License, Honorary; issued to spouse of

disabled veteran, SB 343 ________________________110, 123, 143, 190, 1886, 1896

Driver's License Suspension; change traffic

violation point system, SB 431 ........ _________________________.___.___...292, 318, 352

Driver's License, Suspension; failure to take

chemical test, SB 302 ..................................._....________.____.____.__39, 54, 744

Driver's License; suspension, refusal to submit to

test for alcohol, SB 323 _______ ___________________________.81, 104, 144, 190, 204

Drivers, Motor Vehicles; prohibit intentional dangerous

driving, HB 50

___________________________.___________._243, 283, 789

Driving Under Influence; percentage of alcohol

found in blood, SB 92 ______.___________.._.--______________.--_-_ (No action in 1970)

Drug Abuse Control Division; create within Law

Department, SB 481 _____________ ________________________________________________465, 518

Drug Abuse Investigations; qualifications for

agents, SB 429 __________________...__.___________________ ____._291, 318, 743, 830, 845, 961

Drug Abuse; LSD possession, felony, HB 1353 ----______720, 733, 806, 1483, 1767

Drug Abuse Study Committee; create, SR 246 ----___________________________ __ __313

Drug Abuse, Treatment for; minors,

consent, SB 482 _____.________._..__ ______.__._____.___________465, 518, 525, 761, 1677, 1780, 1897

Drug Act, Uniform Narcotic; delete marijuana from

provisions, SB 418 ..........________,,_._-_________________ 257, 295, 459, 692

Drug Addiction Alcoholic Rehabilitation Advisory Board;

create, SB 309 _ _ ______._._____._______,.___.______._____.____________._.___.____40, 66, 60, 243, 284, 527

Drug Council, Georgia; create, SB 416 _____________._.___--_~___256, 295, 744, 832

Drug Inspector's Office; known as State Drug

Department, SB 415 _____________,,__._____________________________.________256, 295, 459, 693

Drug, Narcotic Sales; rewards for information leading

to arrest, SB 398 _____________,,__._ _______ _____________________________-_-___-__ _______-_213, 239

Drugs, Apparatus for Unauthorized Use;

prohibit, SB 442 ._._-_ _________________._.___,,,,__.___________.__341, 389, 744, 838, 894

Drugs, Dangerous; punishment for obtaining,

HB 1352 ____.,,__.__.____________________-..-_____________-__._--_-_____720, 733, 806, 1483, 1767

Drugs; immunity from prosecution for persons giving information leading to an arrest, SB 417 _--___-___-._-______________.257, 295, 811

Drugs; marijuana, definition of, HB 1378 ___.___.____________714, 733, 805, 878, 972, 1174

Drugs, Narcotics; Pharmacy Board compile list of unlawful drugs, HB 1357 ____________________________________________721, 733, 804, 878

Drugs, Seizure of; relating to law enforcement officers, HB 1354 _______________,,.___.______________________________ ____._720, 733, 804, 878, 973

Drugs; unlawful to carry into prisons, HB 797 --_____._______________________!!

Drunk Driving; percentage of alcohol found in blood, SB 92 _____________________________________________________________________(No action in 1970)

Duncan, Mrs. Charles G. (Ann) ; commend, SR 328 __--________________________1333 Dykes, Honorable William Samuel; commend, SR 354 ______________________________ __1667

1934

INDEX

Early County Sheriff; personnel, compensation, HB 1034__..99, 102, 115, 127, 146 Eastern Judicial Circuit; district attorney,
compensation, HB 1094 ..-._...__.......__..____.....__-108, 113, 125, 353, 403 East Point; corporate limits, HB 1692 .._.--___.........1182, 1193, 1366, 1526, 1695 Eatonton, City of; corporate limits, HB 1725 ........^..1340, 1354, 1516, 1525, 1694 Echols County Sheriff; compensation, HB 1560 ___.__....848, 865, 948, 957, 1058 Ecology, Natural and Human; study committee, SR 305 __.._....._928, 1026, 1214 Edison, City of; mayor, councilmen,
terms, HB 1401 ..._.._..._______._....__.__.____...______._.,,___496, 511, 643, 650, 752 Education Assistance Corporation, Higher; personnel,
expense funds, HB 1459 ________________________...1172, 1188, 1370, 1530, 1877 Education Boards, County; membership requirements, SB 316 _....._.-.--...,,.___ 53, 84 Education Board, State; use National Teachers
Examination for certification, SB 377 -_,,._.-..._._._____.__.----.._--180, 199 Education Board; study feasibility of
environment course, SR 267 .._,,._______________.._._.____.__.__466, 879, 966, 1185 Education; county school superintendents,
qualifications, HB 842 __.______._._.__.._._..._.....__128, 176, 205, 208 Education Facilities, State; prohibit use by
subversive groups, SR 315 _--__--.--.-.-..-----__~..,,____...__......... ...---...1001 Education Facilities, State; Senate oppose use by
subversive groups, SR 324 .....____________________________1188, 1530, 1738 Education, Minimum Foundation Program; funds appropriated
to reduce local share, HB 1656 ____..__...._.....__.......1338, 1352, 1514, 1527 Education, Minimum Foundation Program; local funds
for maintenance, operation, SB 223 ._.__.,,..--.....8, 128, 149, 1680, 1834, 1896 Education, Minimum Foundation Program; new
programs, SB 368 ._____.._.__..______,,..-..._______.._.____.__........_.._._ _____137, 186 Education, Minimum Foundation Program; percentage
of participation, local, State, SB 224 __....____.......___.....__._8, 128, 148 Education, Minimum Foundation Program; student honors
program open to private school pupils, HB 1134 .___ 254, 260, 297, 397, 441 Education, Minimum Foundation Program Study
Committee; create, SR 351 ....___-...__..__.____..._....____--.....__--1512 Education, Minimum Foundation Program; teacher
allotment, SB 13 .._.__.....--..._._....__--....._.___...__...__(No action in 1970) Education, Minimum Foundation Program; teacher
allotment, HB 1086 .....__.........__.......___.__...__.....__1009, 1015, 1200, 1527 Education, Minimum Foundation Program;
teacher allotment, HB 1340 ........__......._._.__....__....___720, 732, 805, 810 Education; prohibit discrimination in schools, HB 1651 .___._.--._.....___1098, 1164,
1203, 1374, 1785 Education, Public; oppose compulsory assignment, SR 211......_102, 115, 143, 205 Educational Loans, Grants and Scholarships; General
Assembly administer, SR 277 _...._._____________________.637, 740, 746, 826 Educational Matters Study Committee; create, SR 243 _.___.......__._________.___.293 Elbert County; Commissioners appoint
depositories, HB 1113 __.....__.__________..__.135, 140, 188, 241, 269 Elberta, City of; repeal incorporation, HB 1611 ....__..919, 938, 1034, 1040, 1235 Elected Officials; exempt from jury duty on
request, SB 441 _..__.__________-_______..___.....341, 389, 745, 838 Election Code, Municipal; correct errors, SB 467 ......_____,,_.....420, 470, 810,
890, 1510, 1897

INDEX

1935

Election Code; ordinaries conduct primaries, SB 421 ,,_.,,_____-____-___.257, 296, 743

Election Code; ordinaries supervise primaries, HB 1304----1097, 1163, 1203, 1373, 1640, 1671, 1823, 1825, 1847
Election Code; voter registration requirements,

HB 1361 _,,_ _ ___....................._._._._.___...._.502, 508, 640, 743, 998

Election Day; declared legal holiday, HB 4 _______.___._.._..._..___10, 126, 174 Elective Office; limit to one when paid by
public funds, HB 75 ,,_,,,,__,,,,__.._,,.-______.....___.._._.._.___95, 127, 173

Electrical Co-ops, Rural; powers of directors, SB 311 ,,___________________,,_____-______52, 83, 129, 150, 1501, 1895
Electrification, Rural Co-op Board; duties and

powers, HB 1084

__________._.__,,___________............... _...254, 259, 297, 812

Emanuel County Education Board; appoint

Superintendent, SB 563 ________..___--__._______1090, 1168, 1201, 1386, 1676, 1894

Emanuel County Ordinary; salary, HB 1164 _________.__._193, 197, 217, 242, 270 Emanuel County; referendum, education board
members, SB 564 _-_-___..__.________._-_-___..___._.__1090, 1168, 1201, 1387, 1676, 1894 Emeritus State House Officials; rights on appointment
to other office, HB 509 ________________,,_,,___,,..______________._.___._.__..___.._________11 Eminent Domain; amounts condemnees may draw on
appeal to higher court, SB 86 __.._------__--_--_____,,_--_____( No action in 1970)

Employees' and Teachers' Retirement; increase benefits, HR 624 _--.____.-________-.-787, 797, 876, 1485, 1629, 1675, 1739
Employees' Retirement System; change certain disability benefits, HB 1142 ._._........___.....__...._____340, 347, 394, 746, 834, 926

Employees' Retirement System; credit for armed forces, SB 337 .......__________________________................_......_._.109, 122, 745
Employees' Retirement System; federal employment, SB 6 ._._._________..__267 Employees' Retirement System; General Assembly use
available funds, SR 226 _____________._..._.._..__..____.___121, 133, 142, 267 Employees' Retirement System; investment of assets, SB 5 _____________..________143

Employees' Retirement System; prior service, SB 40 _--_______-_--_-__--__-267 Employees' Retirement System; prior service credit, SB 58 __._-________.___ 267

Employees' Retirement System; prior service credit, SB 60 _....._....._.._..._....._._______________.____._ (No action in 1970)

Employees' Retirement System; superior court judges continue membership, SB 69 __--....__-_--------_--_,,,,_ (No action in 1970)
Employees, State Projects; wages, SB 242 _.________,,______.___,,___ ________....._..242

Employees, State; 26 pay periods per year, SB 210 _____________________._______________.242
Employment Agencies, Private; redefine terms, SB 452 ____________ ,,,,__.________384, 425, 459, 528, 1681, 1860, 1897

Engineering and Architectural Firms; business with State, HR 716 ___________________.__1345, 1360, 1520, 1684, 1852, 1853, 1871
Environment Course in Schools; urge study of feasibility, SR 267 __________________________466, 879, 966, 1185
Estates; executors' compensation, SB 320 __.__.___________ 81, 104, 129, 151, 169,
1674, 1895 Estates; fiduciary bond, reduction, HB 703 ._._.._.._________________.___.__.85, 116
Estates; legacies of missing heirs deposited with ordinaries, HB 1228 __________________________________________.921, 931, 1028, 1483, 1764

Estates; trustee fees for delivery of property, SB 321 _..___.81, 104, 129, 168, 1506, 1654, 1895
Ethical Standards; State officials and employees, SB 315 ,,_,,___,,______,,_______ 53, 84

Ethics Code; legislators and state officials, HB 1155 __._......._854, 860, 944, 1483,

1641, 1678, 1809, 1826, 1847, 1863

1936

INDEX

Eviction; change procedures, SB 539 -___...--_.__._._...__.------.--....792, 873

Eviction Proceedings; tenant's right of

possession, SB 250 ._._....-..-.__----------_.____.____________.1680, 1867, 1887, 1896

Evidence, Private Writings; identification of medical

bills, HB 1270

_.____..________._____.._.__._______......339, 343, 391, 526, 695

Examining Boards Study Committee; create, SR 302 ._.._~_._--._,,__--...._.__928

Executions; provide time for taking on judgments, HB 139 _____..___._._ 243, 284, 856

Executive Branch of Government; building administrative

board be part of, SB 383 __.._._.._...__........_......__...181, 200, 298, 324, 788, 1895

Executive Branch, State Government; limit number

of employees, SB 351 _.__...__....._._..___..____________________...--_._.112, 125

Executors, Investments Made; regulation of, SB 388 _.....___._--195, 216, 460,

529, 1674, 1896

Executors of Estates; compensation, SB 320 ....______81, 104, 129, 151, 169,

1674, 1895

Eyeglasses; prescription lenses must be certain

material, HB 1287 ........_.._._-_.--..-....__._.._._._._.719, 732, 805, 878, 974

F

Factory Built Housing; Federal standards be used, HB 1145 .._..'.__.__.___________..._.......__._.___.790, 794, 874, 1373, 1638, 1891

Family and Children Services Board; supervise State Department, SB 408 ,..--..-........_..._._...._-.__.__...._.... 234, 262, 298, 373

Fannin County Commissioners; delete referendum

requirement, SB 553 _..............._._..._.._.._^_......_.__._._..__._..._901, 943, 1481, 1530

Fannin County; delete referendum provision for tax office

consolidation, SB 556

,,._____.__._____._.___........._...902, 943, 1481, 1531

Fannin County Depository; compensate, SB 450 __.384, 424, 522, 672, 1504, 1897

Fannin County Ordinary; salary, SB 554 ._...._____..__.....902, 943, 1481, 1530

Fannin County Superior Court Clerk; salary, SB 555 ________.______..--__________._.____..902, 943, 1481, 1531

Farmers Home Administration; requesting relief, HR 524 ______________722, 734, 806,

808, 1000 Farmers' Mutual Fire Insurance Companies;
qualifications, HB 841 ____._......_.._...._..._-._.__..1171, 1186, 1368, 1524, 1875 Farm Tractors; regulate sale of, SB 488 ,,._..._______.__..505, 638, 648, 760,

1502, 1655, 1896
Fayette County Education Board; appoint school superintendent, HR 517 -......._..___._...___._.__118, 121, 142, 242, 271

Fayette County Education Board; education districts, HR 518 .__._.__..__.___...___.._______118, 121, 142, 242, 273

Fayette County Grand Jury; review officials' salaries, HR 618 .....__.__................._.______....339, 347, 394, 397, 445

Fayetteville, City of; new charter, HB 1184 .._______254, 260, 298, 320, 355 Felony; flight to avoid prosecution punished as, SB 476 __.._464, 518, 745, 831 Felony; third conviction ineligible for parole, SR 192 ...._________.__41, 56 Felony; third conviction, mandatory life sentence, SB 304 ___._.__._39, 55 Females, Pregnant; marriage licenses,
consent, SB 7 ._.._._..._--_.._._._.._.--_._..._____.._(No action in 1970)

Fernbank Science Center Commission; create, SR 266.__.___...-.466, 519, 960, 1105, 1886, 1898
Fertilizer; inspection, requirements, HB 45 ._...____648, 1239, 1338, 1420, 1477, 1496, 1675, 1739

INDEX

1937

Fiduciary Bond; reduction for estates, HB 703 ...___.____...._--._..______85, 116 Fields, Mr. James W.; compensate, HR 675--.....__.1342, 1357, 1519, 1522, 1759 Fines, Criminal Cases; paid in installments, SB 363--.---_-----.136, 185, 267, 300 Fire Ant Study Committee; create, SR 319 ____________________1187 Fire Departments; employee wage disputes, HB 695 ___.....719, 731, 804, 1375 Fire Insurance Companies, Farmers' Mutual;
qualifications, HB 841 _________________________1171, 1186, 1368, 1524, 1875 Firearms Law; certain machine guns exempted, SB 394 ____.__.__..212, 239 Firearms, Machine Guns; registration
provisions, HB 1343 ....................._..__..______.____720, 841, 877, 1483, 1490 Firefighters, Minimum Standards; study committee, SR 333 ._.__--.----_--.1349 Firemen's Pension Fund; employees be
members, HB 1141 _________....._._........_..._.._...___.._.___.382, 385, 425, 1485, 1610, 1616, 1669, 1887
Fish Farming; unlawful to steal, HB 1432 .__..__:__....1177, 1197, 1361, 1478, 1850, 1891
Fish Feed; exempt from sales tax, HB 1346 .______925, 931, 1029, 1372, 1876 Fish, Game; channel catfish, SR 301 ___________________________....._........________.859, 1037 Fish, State; largemouth bass, HR 623 ....__...._.._..___......309, 317, 351, 648, 1312 Fitzgerald-Ben Hill County; merge school
districts, HR 523 __.._..__._..__.._._.__..__.._..________.119, 122, 142, 242, 27& Fitzgerald-Ben Hill Development Authority; receive
tax receipts, HR 742 ................._.._.__......_.____.920, 941, 1036, 1041, 139$ Fitzgerald, City of; amend charter, HB 13 60________.416, 423, 471, 650, 750' Flags, Georgia; Secretary of State furnish to
schools, HB 1139 ....__...__.._._..__....._________309, 315, 349, 524, 968 Flanders, Mr. Frank; compensate, HB 55 .__...______-.309, 315, 350, 395, 541 Flovilla, City of; new charter, HB 1602 __________919, 938, 1034, 1480, 1632Floyd County City Court; change to State
Court, HB 1642 _.._.._.__....._............ ...............__.1005, 1020, 1208, 1482, 1542 Floyd County; fees, divorce cases, SB 558 ___.._..__903, 944, 957, 1043, 1504, 1898 Floyd County; juvenile court cases, SB 456 _......_._.....--__418, 468, 1042, 1237 Floyd County-Rome Sheriff and Police;
commend, SR 347 .-.........-_..._...__..___..._____________-_.___________.._..._.... .....1498 Fluoridation; public water supplies, certain cases, SB 82--------------___7, 242, 287 Folkston-Charlton County Airport Authority;
create, HB 1437 ........__.___________.___.____..__.500, 515, 646, 1219, 1376, 1477 Folkston, City of; close certain streets, HB 1462 ___._.715, 727, 800, 1481, 1538' Folkston, City of; depository, HB 1463 ___________..__715, 727, 800, 1481, 1539 Football Game, Georgia Tech vs. Georgia; be
televised, HR 773 _________.__......_...__....._..__..__.__.........__..._723, 736, 879
Forest Landowners Study Committee; create, SR 339 ..._-_-----....--.-._..._--134&
Four-H Club Members, commend, SR 326 ___._.__.__._.__,,_.____.._..____________,,,,__--1332'
Franklin County; commissioners, advisory board, salaries, HB 1430 ........_._____-..-_----___--499, 514, 646, 650, 754
Franklin County Sheriff; prisoners' food budget, HB 1431 ....._.._..._.._______._.._____.__.499, 514, 646, 650, 754'
Franklin County Superior Court; change terms, HB 1072 ..___..________.___-......._...._.__._.._..__....135, 139, 187, 241, 268
Freedom vs. Communism; taught in high school, SB 286 .--..--..--....--_._--_.9, 143"
Fulton County; Archives study record-keeping problem, HB 1390 __...____..__..__.__,,._-____721, 734, 805, 1216, 1471
Fulton County-Atlanta; one governing authority, SR 225 ........__...__.__..._._..________________139, 187, 219, 247, 780'

1938

INDEX

Fulton County Civil Service; residence

requirements, HB 1465 ________________________________....____715, 728, 801, 957, 1054

Fulton County; compensation sheriff, SB 66 _._._._._._.________________502, 890, 1166

Fulton County Criminal, Civil Court Judges;

salary, SB 400 _........._____....__._.____,,.__________...__....._......_._213, 240

Fulton County Criminal Court; additional

judge, SB 550 _..._.._._..__.____.._......._____...______858, 942, 1218

Fulton County Education Board; school

taxes, SB 1413

________________________...____497, 512, 644, 957, 1054

Fulton County Elections Board; change name,

extend authority, HB 1689 ____.._......._.____1181, 1193, 1366, 1525, 1697

Fulton County Elections Board; registration of

electors, SB 548 __._.._._.__________.___,,..____._______.________858, 942, 957, 1048

Fulton County; filing tax returns, HB 1389 .._________._495, 509, 642, 957, 1053

Fulton County Judicial Study Commission; create, SR 283 .__.__..__.-----_.-726, 800

Fulton County Ordinary Court Judge; compensation, SB 249 ..__-------.......B02, 1498

Fulton County Racing Commission;

create, HB 736 ..........._..._...._.._____.__......__._________________494, 508, 641, 1373

Fulton County; retirement,

certain judges, SB 329 _-..._.._...__.____._____.__._.__.101, 114, 1529

Fulton County; Roswell Road, rights-of-way,

SR 280 ..............._..___.________._.._....._........._726, 799, 958, 1105, 1681, 1864, 1898

Fulton County Superior Court; division for

juveniles, HB 1469 .._._..______......--__..._._._._.__.._._.._._..715, 728, 801

Fulton County; tax on automobiles licensed in

county, SR 73 ._.._._.______.--_..._.....__..__.__.._._._._._ 255, 287, 1896

Fulton-DeKalb Counties; bus widths, transit

system, HB 1523 .__............._._________________________....__857, 862, 950, 1040, 1225

Fulton High School "Redbird" Football Team;

commend, SR 329 ..____.__.___._.--.._______.____._..__..____.___.___1333

G
Gainesville High School; commend, HR 573 ......_____.._____.__.-..__119, 131 Gambling; redefine, HB 1049 ....__._....__________..211, 215, 240, 460, 482 Game and Fish Commission; Coastal Wetlands
Protection Board, HB 212 ________......_.._______________459, 483, 632 Game and Fish Commission; deer hunting from tree
stands, HB 375 .............._.._______ ________.____.___.___..___......_______10 Game and Fish Commission Director;
compensation, HB 1203 _________._.__.._,,___._____923, 930, 1028, 1682, 1811, 1817, 1825, 1848
Game and Fish Commission; dispose of contraband wildlife, SB 432 _________________.__._.._...________....._..__292, 318, 351, 478
Game and Fish Commission; transfer of Hart County property, HR 815 ._._.._____.._______._________1173, 1190, 1365, 1373, 1659
Game and Fish Laws; amend relating to disposal of contraband wildlife, HB 1375 _____._____...._..__.....924, 932, 1029, 1215, 1470
Game Fish; channel catfish, SR 301 __..._._.___..___......____.__859, 1037 Game Promotions; forced participation by lessee
unlawful, SB 181 __...._.__________.___.__.._._____........... (No action in 1970) Garbage, Unprocessed; prohibit feeding to animals, HB 935 _______..._._.____.__..,,.,,_ 12 Garner, Mr. Boyd; compensate, HR 550 ......----.__.___852, 868, 951, 1038, 1315 Garnishment; exempt all salaries, SB 14 __.______._________1678, 1782, 1896

INDEX

1939

Garnishment Proceedings; bond requirements, SB 327 _________ 100, 113, 266, 304
Gas Lines, Vicinity of; blasting requirements, HB 1663 __.__.______1176, 1199, 1363, 1411, 1484, 1618
Gasoline, Oil Sales; prohibit coercive techniques to contract for trading stamps, SB 516 ________________________________724, 798
Gasoline Sales; prohibit trading stamps, SB 465 .__________420, 470, 652 Gasoline Taxes; no licensed motor vehicle
exempted, SB 475 ,,,,_,,_._,,___________________.__________________ ____,,,,,,__,,_....464, 517 General Assembly; amend Constitution to change
meeting time, SR 118 ____------_,,____------_---_______________,,____.___________243 General Assembly; authority to increase retirement
benefits, SR 203 _________________________________________82, 105, 299, 364 General Assembly; county tax districts, SR 292 ____________________________.793, 873 General Assembly; ethics code, HB 1155 ______854, 860, 944, 1483, 1641, 1678,
1809, 1826, 1847, 1863
General Assembly; exempt burial property from taxation, SR 217 _,,___,,_.,,,,,,_,,__ ,,____,,_ .____,,._________._.___112, 125, 126, 165
General Assembly Meeeting Days Study Committee; create, SR 340 ______________________________________________________1350-
General Assembly Members; expenses, SB 459 ____________418, 469, 525, 693, 1885, 1897 General Assembly; retirement bills introduced after
actuarial review, SB 289 ________________ .___,,.__,,,,___,,_,,,,,,,,_,,,,__,,_ _______________ 267 General Assembly; special elections for filling of
vacancies, HB 1738 _____________________________________ 1343, 1356, 1518, 1529, 1734, 1888 General Assembly; transfer surplus property to
schools, SR 207 _______.______________-______-.____________.._______________.______102, 114 Georgetown, Town of; change to
City of, HB 1037 ________ _______________.100, 103, 115, 127, 147 Georgia Association of Justices of Peace and
Constables; commend, SR 331 _-______-______,,___,,__,,___________-1333 Georgia Bureau of Investigation; drug abuse agents,
qualifications, SB 429 ___________________________________291, 318, 743, 830, 845, 961 Georgia Bureau of Investigation Members;
compensation, HB 1085 ____________________________________.786, 794, 874, 1041, 123T Georgia Bureau of Investigation; under Law
Department, HB 1363 ___________________________...723, 736, 807, 1373, 1770 Georgia Drug Council; Pharmacy Board be
members, SB 416 ____---_____________.______256, 295, 744, 832 Georgia Factory for the Blind; surplus
funds, SB 491 ______________________________________________633, 736, 744, 832, 1680, 1848, 1897 Georgia Historical Commission; employees'
salaries, HB 1136 _____ ,,____,,_. ____________________ ___.____632, 637, 740, 810, 967 Georgia Historical Commission; secretary, salary, SB 29 ______________6; Georgia Industrial Loan Act; program of consumer
information, SB 64 __________________________________6, 242 Georgia Insurers Insolvency Pool;
create, HB 1251 ____________________...._.__.924, 931, 1028, 1216, 1491, 1508 Georgia Military College; increase
trustees, SB 535 _____.__.___________791, 872, 955, 1045, 1507, 1896 Georgia Military College; Milledgeville convey
property to, SR 244 _______________.__293, 319, 398, 453, 458, 1507, 1896 Georgia Military College; powers of Board
of trustees, SB 412 _______,,____________,,_______.___256, 294, 397, 440, 1511, 1896 Georgia Motorboat Numbering Act; amend relating to
license fees, SB 256 _____...________._____________________8,

1940

INDEX

Georgia Peace Officers Standards and Training Council; create, HB 1208 ____________________________________________________417, 422, 471, 743
Georgia Poultry Federation; commend, SR 237 --.______-__._______205 Georgia Professional Corporation Act; enact, SB 389 ._...__._.195, 216, 299, 326,
1501, 1623, 1894 Georgia Southern College; congratulate, SR 279 __--_---_.__._.____.__.__ 685 Georgia Tech vs. Georgia Football Game;
be televised, HR 773 ________________________________723, 736, 879 Georgia, University of; add law school
professorship, SR 212 _____________.._________,,_____112, 125
Georgia Youth Council; commend, SR 231 ______.________________188
Gerald, Rev. Inman and Mr. B. F. Ogburn; compensate, HR 696 _______.__________._____1342, 1358, 1519, 1522, 1756
Gilmer County; clerk's salary, SB 462 _______._.___419, 469, 522, 675, 1504, 1897 Glascock County Small Claims Court;
create, HB 1545 ________________________847, 863, 947, 1040, 1227 Glass Doors; safety glass required, certain
cases, HB 412 ____________________________________________ 10, 652, 968, 1174 Gledhill, Mr. Dell D.; compensate, HR 593 _____________310, 317, 351, 395, 545 Glennville, City of; corporate limits, HB 1435 ___.___.__500, 515, 646, 650, 755 Glynn County Public Improvement Authority;
create, HR 648 ____________________________________________1179, 1198, 1363, 1480, 1570 Glynn County; water and sewage tax, HR 647 ___.1335, 1351, 1513, 1525, 1711 Gordon County Commissioner; salary, HB 1294 ________338, 346, 393, 523, 679 Gordon County Education Board;
create, HB 1531 ___________________________._____.846, 862, 946, 1040, 1227 Gordon County; fox hunting restrictions, HB 1120 ._._.______._.._....135, 140, 188 Gordon County Sheriff's Office; salaries, HB 1273 ____._._.._337, 345, 393, 523, 679 Gordon County Superior Court Clerk, Ordinary;
salary, HB 1272 _____________________________337, 345, 393, 523, 678 Gordonia Altamaha State Park; change to Brown
Thrasher, HR 733 ________________________________.____.______1012, 1024, 1211 Governor; succeed himself, SR 287 _...___..._.__.___.______..._.__..._._...._____792, 873 Governor, Veto by; change procedure for
overriding, SR 43 ___________________________._______1506, 1670, 1746, 1897 Grady County; depository, HB 1707 _______...___1339, 1352, 1515, 1526, 1698 Grady County Electric Membership Corporation;
compensate, HR 537 __...______._________.__.__309, 316, 350, 395, 537 Grand Jurors; notaries and justices of the peace
ineligible, SB 360 ____________________________.....136, 185, 353, 404 Grants to Cities; provide for special census, SB 161 _____..(No action in 1970) Gray, Mrs. Sam; compensate, HR 644 _________________ ........463, 468, 520, 521, 711 Greene, Wilmot McRae, Jr.; compensate, HR 566 __1342, 1359,1519,1522,1745, 1890 Greensboro, City of; recorder's court, HB 1724..___1340, 1354, 1516, 1525, 1694 Griffin, City of; commissioners, HB 1518 ._________785, 797, 876, 957, 1055 Grovetown City Officials; compensation, HB 1674 ___1176, 1197, 1367, 1480, 1556 Guardians; insure lives of wards, SB 354 .__._._____......________120, 141, 521, 761 Gwinnett County Commissioners; authorize to enact
ordinances, HR 603 ___________________________ 232, 238, 265, 321, 412 Gwinnett County Commissioners; establish districts for
public services, HR 812 ____________.....___..1008, 1025, 1212, 1482, 1560 Gwinnett County District Attorney; State library
furnish books, HR 259 ____________________________ 232, 237, 264, 321, 359 Gwinnett County Water and Sewage Authority;
create, HB 1652 ......._______.._____ ____________________1181, 1191, 1364, 1480, 1553

INDEX

1941

Gwinnett Judicial Circuit; court reporter, HB 1157_.__._193, 196, 217, 460, 481 Gwinnett Judicial Circuit; personnel,
compensation, HB 1537 -_____,,____.___________850, 862, 946, 957, 1056

H
Hale, Honorable Maddox; adjourn for funeral, HR 876 __..______1098, 1160, 1162 Hale, Honorable Maddox J.; sympathy, SR 316 ______--__--__--_--___._.___1160 Hall County; annual audit, HB 1646 ...____.____1006, 1020, 1208, 1482, 1545 Hall County Commissioner; assess taxes, HR 651-----__-381, 389, 428, 523, 682 Hall, Mr. Jimmy W.; compensate, HR 541 _________851, 867, 951, 1039, 1313, 1890 Hapeville High School Band; commend, SR 342 _.._...--______-____._. _______1499 Haralson County Deputy Sheriffs; salary, HB 1347 ._,,..__.381, 388, 427, 523, 681 Haralson County Tax Commissioner; personnel,
compensation, HB 1678 ____________________1008, 1022, 1210, 1482, 1536 Harmful Materials, Sale of to Minors;
enforcement, SB 300 --_______________._________....... 39, 54, 243, 282 Harmful Materials to Minors; establish
standards, SB 454 _______________________________.,,____ 385, 425, 744, 837, 894 Harrison, Mrs. Annette; compensate, HR 596 ._____851, 868, 952, 1038, 1320 Hart County Property; transfer to Game and Fish
Commission, HR 815 ___________............____1173, 1190, 1365, 1373, 1659 Hart County; property transfer, SR 294 __________...._________793, 873, 1041 Hartman, Mr. E. H., Sr.; compensate, HR 615 _.___....463, 467, 520, 521, 708 Hazelhurst, City of; commissioners,
election, HB 1568 ____________________________.__848, 865, 949, 1479, 1551 Health and Welfare Committee; function on
adj ournment, SR 306 ______________________.______________929 Health Code, Georgia; amend, out-of-state
hospitalization, SB 397 _____________________213, 239, 266, 306, 1511, 1897 Health Department; destruction of certain
records, SB 405 _____________________233, 261, 321, 361, 1509, 1652, 1897 Health Department; include chiropractors in
medicare, SB 430 __________________________________________.___ 292, 318, 396 Health Insurance, State Employees; increase participation
limit, SB 310 _____,,____,,._,,_____,,,,__._. __________.____.._______52, 83, 126, 151, 255, 333 Health, State Board of; require fluoridation of water
supplies, certain cities, SB 82 ____________________________________..___7, 242, 287 Hearing Aid Dealers and Dispensers, State Board of;
create, HB 327 ___________________.__________.__.501, 506, 639, 744, 833, 926 Heirs, Missing; legacies deposited with
ordinaries, HB 1228 _..__..___.__._______________921, 931, 1028, 1483, 1764 Helen, City of; new charter, SB 464 ______________________ ..419, 470, 522, 675, 1337,
1347, 1895 Hendrix, Miss Luck; congratulate, SR 285 ________-__--______.-___________.__782 Henry County; amusement tax, HB 1422 ___________498, 513, 645, 954, 1310 Henry County Commissioners; election
districts, HB 1546 __________________________ 847, 863, 947, 957, 1057 Henry County Commissioners; regulate
businesses, HR 680 ____________.__________.503, 516, 647, 809, 1076, 1475 Henry County; levy tax on mobile home
sites, HR 851 ____-_______________.___1178, 1195, 1368, 1481, 1508, 1596 Hensley Office Equipment Company;
compensate, HR 579 _________________________________..._____________.__..__852, 868, 951, 1213

1942

INDEX

Hepatitis, State Employees Contracting; benefits, SB 414 ____________________________________256, 294, 459, 703, 1885, 1897
Herndon, Miss Nancy; commend, SR 296 ._....__.__.________________________.______825 Heroes of Georgia Commission; create, SR 191 ...__._.________ 22, 43, 58, 97, 1501,
1651, 1898 Herrington, Joe, State Parking Facility; commend, SR 270 --__--______________527 Higher Education Assistance Corporation; collateral
pledge requisities, HB 1377 _,,__,,________,,______ _.___1177, 1198, 1363, 1523, 1876 Higher Education Assistance Corporation; personnel,
expense funds, HB 1459 _____________________.1172, 1188, 1370, 1530, 1877 Highway Board; change to State Highway and
Transportation Board, SR 234 __________________________._...______________196, 216, 266 Highway Board; delegate powers to Highway Director,
certain cases, SB 308 ______...______________40, 55, 59, 93, 383, 473, 492, 1895 Highway Board; treasurer, recreate office, SB 357 ....._._..__120, 141, 144, 225,
383, 452, 1895 Highway Contracts with State; escrow agreement
necessary, SB 497 ______________________________...__.____.__._.____634, 737 Highway Department Contracts; periods of limitation of
actions, SB 88 __..____________________._____.__.__._______________._.No action in 1970 Highway Department; contracts for prison labor, SB 189 ____________No action in 1970 Highway Department; maintain state-aid roads within
municipalities, SB 498 ___________________________________________.634, 737, 878, 965 Highway Laws Study Committee, Joint;
recreate, HR 535 ______________________________________________..__.._ 383, 389, 428, 652 Highway Laws Study Committee; recreate, SR 218 _________121, 142, 203, 219.
856, 1896 Highways and Transportation, Department of;
create, SB 391 _________________________________________________195, 216, 406 Highways; regulate transportation of factory
built housing, HB 1102 ____-_______._____.___-_______.__________632, 638, 740, 811, 904, 1013, 1107, 1160, 1165, 1299, 1679, 1817, 1831
Hinesville City Court Judge; salary, HB 1410 ____________497, 512, 644, 742, 818 Hinesville City Court Solicitor; salary, HB 1408______________497, 511, 643, 650, 753 Hinesville, City of; corporate limits, HB 1491 ______________717, 729, 802, 809, 885 Historical Commission; aid Westville as tourist
attraction, SR 250 ___________________________.________________313, 522, 758, 1474 Historical Commission; employees' salaries, HB 1136 _______632, 637, 740, 810, 967 Historical Commission; secretary, salary, SB 29 __________________________ _________6 Hodges, Mrs, A. 0.; compensate, HR 606 ._____________311, 317, 351, 395, 547 Hogan, Mr. Joe B.; compensate, HR 585 _-_-___.__.___._________310, 316, 350, 395, 542 Holiday, Legal; general election day, HB 4 ___________.._______________10, 126, 174 Holidays, Legal; change time to observe, SB 301 ________..___________39, 54, 219, 244 Holloway, Mr. Willis; compensate, HR 299 ____________851, 867, 951, 1038, 1312 Holloway, Senator Al W.; statement .____--_______________________________ ______1171 Home Rule, Municipalities; relating to
governing authorities, SB 468 __________ _______._____420, 470, 810, 910, 1885, 1897 Home Solicitation Sales Act; disclosure
provisions, SB 375 _.________.____.___.___.___-_______.180, 199, 299, 323, 1673, 1894 Home Solicitation Sales; cancellation rights, SB 435 _________________,,_,,__,,___,, 312, 347
Homestead Exemption; dependents in private schools, SR 227 _____________________________________________________182, 201, 743
Homestead Exemption; disabled veterans, HR 587 ________.232, 238, 265, 954, 1289
Homestead Exemption; increase for disabled veterans, SR 224 ________________________________________________139, 187, 218, 245

INDEX

1943

Homestead Exemptions; multiple ownership, HE 707 ___..__----_.___855, 870, 953, 1217, 1495, 1619
Honey Bees; inspection of colonies, HB 1169 _.__.__.._.___290, 294, 319, 351, 479 Honeycutt, Mr. Aubrey M.; compensate, HR 577 ______310, 316, 350, 395, 541 Honors Program, Student; open to private school
students, HB 1134 _............._____________._.._________.._____.._254, 260, 297, 397, 441 Hosey, Mr. James Hoyt; compensate, HR 619 -...._..--_......... 463, 468, 520, 521, 709 Hospital Authorities; credits and exemptions,
sales tax, HB 1321 ......_._.._.-_-___.__.____..___.._..._......___786, 795, 875, 954, 1321 Hospital Authorities; revenue certificates, interest
rates, HB 1197 __._._.__._________________________________________...923, 930, 1028, 1217, 1411 Hospital Building Authority; amount of bonds
issued, HB 658 _..._...................._______________._._________.__178, 183, 201, 521, 974 Hospital Care for Indigents; redefine
terms, SB 471 ._...._._...________._.__._________._____________463, 517, 525, 701, 1511, 1897 Hospitalization of Mentally 111; residents in
out-of-state hospitals, SB 397 _________________________213, 239, 266, 306, 1511, 1897 Hospitals, Non-Profit; exempt from
ad valorem tax, HR 659 .....___________........417, 424, 472, 745, 986, 1186, 1286 Hospitals, Non-Profit; exempt from sales tax,
Executive Order, HR 688 ___...................__._______1011, 1024, 1211, 1217, 1473
Housing Authorities; interest rates, bond issues, SB 472 __________ 464, 517, 521, 693, 1886, 1894
Housing Authority Bonds; interest rates, SB 473 ._._........_...._..464, 517, 521, 694, 1886, 1894
Housing, Development of; area planning commissions facilitate, SB 380 ..__.............._______________._..._._._.__.___181, 199, 298, 324
Housing Development; planning and development commission facilitate, HB 1147 .....-._........_._________.___.____338, 343, 391, 810, 974
Housing, Factory Built; counties, cities accept federal standards, SB 382 ____________.___________.____...___.___________181, 200, 298, 325
Housing, Factory Built; federal standards be used, HB 1145 ...........__.__...........__._____._._.____790, 794, 874, 1373, 1638, 1891
Housing, Factory Built; regulate transportation of, HB 1102 __..__._.__________________632, 638, 740, 811, 904, 1013, 1107, 1160, 1165, 1299, 1679, 1817, 1831
Housing Goal; affirm national, establish State, SR 229 -...-.._______183, 201, 298, 334
Housing Goal, State; establish, HR 560 ___________________.........339, 346, 394, 810, 1000
Housing; undeveloped slum clearance, acquision, SR 228 ______________.___.___,,_. 183, 201, 298, 368, 722, 907, 1896
Houston County Commissioners; qualifications, SB 466 ______,,_____ 420, 470, 650, 747, 1009, 1895
Houston County Commissioners; salary, HB 1188 ..................194, 198, 218, 320, 356
Houston County; consolidate city, county taxes, SR 307 ...-..._-..._-...-.-.-.-..................___929, 1026, 1168, 1391, 1676, 1898
Houston County Education Board; abolish education districts, SB 469 -...._.-...-..-.--..-_._.__.___420, 470, 650, 747, 1009, 1895
Houston County Education Board; grants to handicapped, HR 669 ....._..___.__._______...._.............._.....__.417, 424, 472, 651, 1060
Hurst, Mr. John W.; compensate, HR 712 ___________......1342, 1358, 1520, 1522, 1754
Hypodermic Syringes; destroyed after medical use, SB 442 __________________________........_.._....__.__341, 389, 744, 838, 894

1944

INDEX



I

Immunity from Prosecution; persons under drug violation charge who give information, SB 417 __..___,,___..__...257, 295, 811
Income, Gross; certain retirement income exempted, HB 869 ......._.._..._._._...._._._............_______._.......231, 235, 262, 649
Income Tax, Net; terms conform to Internal Revenue Code, HB 1370 _____________________________--854, 860, 944, 1216, 1471
Income Tax, State; change rate on individuals, HB 100 --------------------------__..1097, 1162, 1202, 1217, 1489
Income Tax, State; exempt certain retirement income, SB 290 ......_..____.__.____....____..........___.._ 5, 218, 286
Income Tax, Withholding; time for payment by employer to Commissioner, HB 864 ___________............____.____12, 396, 962, 1891
Indigent Persons; hospital care, redefine terms, SB 471.____.463, 517, 525, 701, 1511, 1897
Industry and Trade Department; Parks Department come within, SB 437 ...___--..----___.._.....____--312, 348
Insane Persons; no legal guardian, custody of funds by ordinary, SB 393 .......__.......___....._._..____.__......__......_.__ 212, 239
Installment Sales, Retail; cancellation rights, SB 435 ....____.............312, 347 Insurance; cities and counties provide for peace
officers, SB 361 .-_------______.__...........__._____.....136, 185, 459, 535 Insurance; Commissioner impose fines in lieu of
revocation of certificates, SB 30 --------------_.__..._.. (No action in 1970) Insurance Companies, Farmers' Fire;
qualifications, HB 841 ...._______----__..__.......1171, 1186, 1368, 1524, 1875 Insurance Companies; regulate take-over bids
for stock, HB 1047 ________-__--_-__--____............254, 259, 297, 396, 479 Insurance Contract; assigned risks, HB 1444 ....__.............1343, 1356, 1518, 1523 Insurance Contracts; identical benefits, SB 211 .__..,,...._..._.__._.___........ 143
Insurance, Group Health; coverage for treatment by psychologist, SB 460 -- -----------------------__________......419, 469
Insurance; guardians, life insurance for wards, SB 354 ......_120, 141, 521, 761 Insurance Holding Companies; define,
regulate, HB 1453 ....................................._._-........1173, 1188, 1369, 1523, 1766 Insurance; insured have choice of doctor, SB 353 .........._.-......-...119, 140, 396, 491 Insurance; licenses of agents, expiration of, SB 48 _____.__._..__.__ .1216, 1407 Insurance, Life and Accident; applicants, re-
examination, HB 1493 --------------------------__1172, 1189, 1370, 1523, 1763 Insurance on Dwellings; paid directly to contractors, SB 225 ....--------_........143
Insurance Premium Finance Company Act; change fees charged, SB 517 ...................724, 798, 954, 1093, 1103, 1674, 1897
Insurance, Property; available to all applicants, SB 222 ......._.......-----.-1501, 1632, 1669, 1671, 1738, 1777, 1778, 1780, 1810, 1888, 1896
Insurance; sickness and accident include psychiatric care, SB 334 --......__________________.....----108, 122, 126, 171, 502, 1895
Insurance Study Committee, Compulsory; create, SR 236 --_.----_._.214, 459
Insurers Insolvency Pool, Georgia; create, HB 1251 .----.----.._...924, 931, 1028, 1216, 1491, 1508
Interest Rate; change maximum limit, SB 521 ..----___.__725, 798, 954, 1104
Interest Rates on Loans; reduce rate, certain amounts, SB 479 ______________--.____________----.____........----465, 518, 649

INDEX

1945

Interest Rates on Real Property Transactions; clarify provisions, HB 1043 __._...._...._._.._.__719, 731, 804, 904, 954, 1794
Intergovernmental Cooperation Act, Federal; implement, SB 298 ___,,__..._____________.38, 54, 128, 167, 290, 303, 1894
Interrogatories; attorney's fees, HB 163 ...__________________10, 129, 190, 285
Interstate Compact on Juveniles; Georgia be a party to, SB 93 .____________________.___(No action in 1970)
Interstate Highway Study Committee; create, SR 363 -________-_________1681 Inventory; State property, HB 626 _____.._______.___2B5, 259, 297, 396, 438
Investment of Trust Funds; fiduciary investment companies, SB 318 _________80, 103, 299, 322, 1617, 1656, 1895
Investments by Executors; regulation of, SB 388 ___________195, 216, 460, 529, 1674, 1896
Irwin County Commissioners; clerk, salary, HB 1404 .______....______._____...._____496, 511, 643, 742, 817
Irwin County; traffic fines, disposition, HB 1403 __.______.496, 508, 641, 1483, 1666, 1889

J
Jails; cities, counties provide full-time jailer, SB 461 ,,._.__________________._...419, 469, 958, 1092, 1167, 1285, 1334, 1657
Jeff Davis County Small Claims Court; create, HB 1569 ___________________________848, 866, 949, 1479, 1551
Jekyll Island State Park Authority Act; redefine terms, HB 1200 ,,___,,________________________462, 466, 519
Jesup, City of; change corporate limits, SB 480 _____._.___._,,__...___465, 518, 524, 656, 1184, 1670
Jesup, City of; commissioners appoint city attorney, HB 1394 _________________.___._.____________....495, 510, 642, 742, 817
Jesup, City of; provide for recall of public officials, SB 474 ______._.________._____464, 517, 524, 653, 921, 1096, 1332
Jesup-Wayne County; convey property, SR 259 ___...________.__...-_________-_-___.-._____.421, 471, 524, 685
Johnson County Deputy Sheriff; salary, HB 1399 ________________________________ 496, 510, 643, 650, 751
Johnson, Senator Leroy; statement on SR 324 ______.__________________1853 Johnston, Mr. Bob; compensate, HR 711 ____________855, 870, 953, 1039, 1330 Joint Session; address by Mr. Ed Baker, SR 214 _______._.______105, 106, 108 Joint Session; address by Senator Herman Talmadge,
January 14, HR 515 _._._______..___.____________.____.__..______.. 22, 44 Joint Session; message from Governor Maddox,
January 13, HR 512 ____..______-_______________...._.-...________. 16, 17, 23 Joint Session; message from Governor Maddox,
January 15, HR 513 ____________________________________________ 16, 17, 60 Judges, Court of Appeals; members of State Employees'
Retirement System, certain cases, HB 1087___....__.723, 735, 807, 1485, 1667 Judges Emeritus, Superior Courts; serve in any
judicial circuit, HB 1206 _______________-714, 732, 804, 1683, 1812, 1875 Judges Emeritus, Superior Court; widows'
benefits, SB 9 __________________________________ (No action in 1970) -Judges Emeritus, Superior Court; widows'
benefits, HB 1077 ______.________--_______786, 794, 874, 1485, 1627, 1891

1946

INDEX

Judges, Superior Court; reimbursed for service in other circuits, HB 1207 ...___________________1176, 1198, 1363, 1684, 1768
Judges, Trial and Solicitors; retirement fund, allow law practice, SB 12 ______________________________________________ (No action in 1970)
Judgments; provide time for taking executions, HB 139 __________________ 243, 284, 856 Judicial Circuits; assistant court reporters in
certain circuits, SB 544 __._____--------842, 877, 956, 1044, 1503, 1611, 1896 Judicial Circuits; district attorneys appoint
assistants, HB 1359 _______ __________.._______________.____1010, 1016, 1205, 1684, 1786, 1889 Judiciary; revise constitutional provisions, SR 8 _______________________________________________9 Junior College Act; amend, academic year
payments, SB 425 _______________________________._________258, 296, 396, 440, 1506, 1897 Junk Dealers; keep certain information on copper wire
purchases, HB 1091 _____ ______________________________.____________.__1171, 1186, 1368, 1376, 1665 Junked Motor Vehicles Study Committee; create, SR 119 -----(No action in 1970) Jurors, Grand; notaries and justices of the peace
ineligible, SB 360 ______________________________________________________________ _136, 185, 353, 404 Jury; access to criminal record for sentencing in
felony cases, HB 228 ____________________________ 255, 259, 297, 526, 695, 788, 904, 911, 971, 1466, 1503
Jury Duty; compensation by employer, SB 98 ____________________.__,,_______.______.299, 325, 840 Jury Duty; elected officials exempt on request, SB 441 ______________341, 389, 745, 838 Justices of Peace and Constables,
Georgia Association; commend, SR 331 _______________________________________ _1333 Justices, Supreme and Appeals Courts;
salaries, SB 26 _____________________________________________________________.______________384, 399, 630 Justices, Supreme Court; members of State Employees'
Retirement System, certain cases, HB 1088------_______723, 735, 807, 1485, 1664 Juvenile Court Laws; revise, HB 1030 _.__------___--------------------1098, 1163, 1203 Juvenile Court Law Study Commission;
create, HR 621 _____________________.__.___________________._1177, 1199, 1362, 1685, 1854, 1890 Juveniles; Interstate Compact, Georgia be
a party to, SB 93 _______ ________ __________ _______________(No action in 1970)

K
Kee, Mr. James Elliott; compensate, HR 591 _____________________310, 316, 350, 395, 543 Kennesaw, City of; elections, HB 1579 _______________________ 917, 935, 1032, 1040, 1230 Kimzey, Honorable Irwin R.; sympathy, SR 357 ______,,__,,___,,______________-___.______-- 1668 Kinchafoonee Lake Authority; create, HB 1534 ____________1009, 1017, 1205, 1481, 1540 King, Martin Luther, Jr.; January 15, state holiday, SR 21 ________________ 9 Kitchen, Mr. Everett F.; compensate, HR 681__..______..853, 869, 952, 1038, 1325 Knight Newspapers, Inc.; appreciation, SR 345 ____________________----1498

L
Laboratories, Clinical; licensed to operate, SB 387 _______________________ 195, 215, 459, 960, 1509, 1655, 1895
LaGrange, City of; corporate limits, HB 1163 _____________ ____193, 197, 217, 241, 270 LaGrange-Troup County School Systems;
merge, HR 639 ______________________________ ...____.________339, 347, 394, 397, 447 Lamar County Commission; compensation, HB 1727 _____________________1885

INDEX

1947

Landlord; eviction proceedings, tenant's right of possession, SB 250 __.----...----_.__--------___.1680, 1867, 1887, 1896
Land, Timber Leases; exempt from taxes, Executive Order, HR 687 _..._....______--------------.------.._1011, 1024, 1211, 1217, 1471
Lanier County Education Board; create, HB 1585 ..___________----------------___..--.917, 936, 1032, 1040, 1232
Lanier County Ordinary; compensation, HB 1584 ------917, 936, 1032, 1040, 1232 Largemouth Bass; State fish, HR 623 __.__------------309, 317, 351, 648, 1312 Laurens County State Court; salaries, HB 1310 --------_-_._380, 387, 426, 523, 680 Law Department; create Drug Abuse Control
Division within, SB 481 ___--------_____------------------..__....465, 518 Law Department, State attorney general,
compensation, HB 179 ------------------.,,__-----...463, 468, 520, 743, 830 Law Enforcement Officials; seize stolen goods without
warrant, SB 447 .__------------._._--------_.--__----..----___--..342, 390, 811 Law Instructors; participate in legal aide
programs, HB 1484 __________ _____________------_922, 932, 1030, 1528, 1763 Lawrenceville, City of; corporate limits, SB 519 ----724, 798, 808, 881, 1504, 1897 Lawrenceville, City of; elections, SB 492 .____--------_----,,..._._______------.633, 737 Leases, Land, Tenements, Timber; exempt from taxes,
Executive Order, HR 687 __.....--------------------1011, 1024, 1211, 1217, 1471 Ledford, Mr. James R.; compensate, HR 674 ----------.--853, 869, 952, 1038, 1324 Lee County Deputy Sheriff; salary, HB 1213 _.----------,,_.230, 236, 263, 320, 356 Lee County; regulate businesses, HR 732 ----..------._____850, 871, 953, 957, 1065 Lee County Superior Court Deputy Clerk;
salary, HB 1215 ------------------.______________-...230, 236, 263, 320, 357 Lee, Mr. Robert H.; compensate, HR 576 __._.----__.----__310, 316, 350, 395, 540 Legal Aide Program; staff instructors
participate, HB 1484 __------.___--------------------922, 932, 1030, 1528, 1763 Legal Holidays; excluded in construction of time
under statutes, HB 1282 _____.--------__------___.----.......__........462, 467, 519 Legislation, Retirement; bills reviewed for
actuarial soundness, SB 289 .______-.--------_.._----------_._._...----.._._----..----_-267 Legislative Building Study Committee; create, SR 254 _____.__.342, 394, 398, 454 Legislative Personnel; merit system, HB 1525 ----------------..________ 924, 933, 1030 Legislative Retirement System; provisions not apply
after January 1, 1969, SB 45 ..__.----..___--------..___----.....____--......--__267 Legislative Retirement System; twenty years'
service, eligible age 65, SB 65 __------...._,,_----_-..-- (No action in 1970) Legislators; expenses, SB 459 .____.____----....418, 469, 525, 693, 1885, 1897 Liberty County; conveyance of property, HR 641 ._...--1010, 1023, 1210, 1213, 1420 Liberty County Coroner; salary, HB 1409 .....__--------..497, 511, 643, 650, 753 Liberty County Ordinary, salary, HB 1411 .__.._--.....,,--497, 512, 644, 742, 818 Liberty County Sheriff's Office;
compensation, HB 1614 _----------____......----------..919, 939, 1035, 1041, 1235
Liberty County Superior Court Clerk; salary, HB 1407 ..,,.....--_..__....--------._------------..__496, 511, 643, 650, 752
Liberty County Tax Commissioner; salary, HB 1412 ...__------__--.----__--------___...497, 512, 644, 742, 818
License Plates, Automobile; "Peach State", HB 1472 --.__.__.______..1344, 1359, 1514
Licenses, Tags, Motor Vehicles; fee for transfer, SB 217 .........__.__1680, 1789, 1896
License Tags; partial credit on second purchase, SB 122 --__._____..._--......_._----.7
Life Sentence; mandatory on third felony conviction, SB 304 _.___----------_39, 55
Limited Partnerships; acquire property, HB 1149 ..____--.--179, 184, 202, 526, 695

1948

INDEX

Linder, Mr. Willie; compensate, HE 551 .________.._......._._. .-310, 316, 350, 395, 539

Littering of Property; define, prohibit, HB 1497 ---..--.1176, 1197, 1366, 1524,

Livestock Dealers at Auction;

1820, 1892

bond requirements, SB 392 ------------------196, 216, 351, 404, 1502, 1897

Loans, Interest Rates; reduce rate, certain

amounts, SB 479 .___..--__.___.______._..._____.__------.------465, 518, 649

Lobbying; change registration provisions, HB 1210---__-418, 422, 471, 743, 973

Local Agencies; requisites for agreement with State

and Federal agencies, SB 409 ----.--------.--.____..__--..._____-234, 262

Lockheed-Georgia Company; commend, SR 297 .._..____..------____._._ 896, 1185

Lockheed-Georgia Company; commend, HR 746 _._.____._.__.--------722, 782

Loganville, City of; mayor's salary, HB 1317__----__...380, 387, 427, 650, 749

Long County Jury Commissioners;

appointment, HB 1123 ___.__._----___..__.____._.136, 140, 188, 397, 432, 503

Long County Superior Court; terms, HB 1311 _.._......_..--380, 387, 426, 523, 680

Lookout Mountain; corporate limits, HB 1417 ..__.........._.498, 513, 644, 650, 753

Lowndes County Coroner; salary, HB 1168 ----------193, 197, 217, 397, 431, 856,

904, 1096, 1107, 1175, 1260

Lowndes County Sheriff's Office; salaries, HB 1344......._..381, 388, 427, 523, 681

Lowndes County Superior Court; terms, HB 1362 ................381, 388, 428, 523, 682

Lowndes County Utilities Authority;

create, HB 1734 -__.--------.----------___......1341, 1355, 1517, 1525, 1689

LSD Possession; punished as felony, HB 1353 ....._____720, 733, 806, 1483, 1767

Lyons, City of; councilmen, veto, HB 1592 ----------------918, 936, 1033, 1040, 1233

Lyons High School Debating Team; commend, SR 299 ..._......___.______._..._ .841

Me

McAuliffe, Honorable Hinson; welcome to Chamber, SR 208 ................................85 McConnell, Mrs. Rachel Waters; sympathy, SR 258 ____...__...--------__........399 McDuffie County Commissioners;
salary, HB 1420 _____ _.___.----------------------..498, 513, 645, 742, 819 McDuffie County; officials' salaries, HB 1418 -.----------498, 513, 645, 742, 819 McDuffie County Small Claims Court;
create; HB 1544 -------------------------.___..............846, 863, 947, 1040, 1227 Mclntosh County Sheriff; salary, HB 1291 __.____...___......338, 346, 393, 523, 679 McWhorter, Honorable Hamilton, Jr.; commend, SR 364 ....................................1872
M
Machine Guns; registration provisions, HB 1343 ............720, 841, 877, 1483, 1490 Machine Guns; requirements under National
Firearms Act, SB 394 ..--------------__----_--------_,,-_-------.- 212, 239 Macon-Bibb County; create citizens' committee on
government, HB 1442 --------------------_-- ...850, 860, 945, 1219, 1380, 1478 Macon County Coroner; salary, HB 1259 .....------------------336, 344, 392, 523, 676 Macon County Court; officials' salaries, HB 1263 ................337, 345, 393, 523, 678 Macon County Ordinary; salary, HB 1262 ------------------337, 345, 393, 523, 677 Macon County Sheriff; salary, HB 1258 ----------------336, 344, 392, 523, 676 Macon County Superior Court Clerk;
salary, HB 1261 ............___--------------------------_. 337, 345, 392, 523, 677 Macon County Tax Collector; salary, HB 1264 ....................337, 345, 393, 523, 678-

INDEX

1949

Macon County Tax Receiver; salary, HB 1260 __,,_.___--.337, 345, 392, 523, 677 Macon Recorder's Court; change to Municipal
Court, HB 1699 _________________________________.___.____.,__1180, 1194, 1372, 1479, 1544 Macon Water Commissioners; pension
benefits, HB 1126 ___.__________._.____.._______.._______ 135, 140, 188, 397, 429 Maddox, Governor Lester; budget address, HR 513 ___________________16, 17, 60 Maddox, Governor Lester; State of State address, HR 512 __________--16, 17, 23 Madison County Commissioners;
personnel, HB 1498 ...._..----_... __........_...........................717, 730, 802, 956, 1044 Madison County Deputy Sheriffs;
compensation, HB 1474 .......__________________.____716, 728, 801, 809, 883 Madison County Superior Court; change
terms, HB 1112 .__.___.____________._..___._._____..____.._____135, 139, 188, 241, 268 Malt Beverages; license, excise tax, HB 1735 .............._. 1343, 1355, 1517, 1523, 1769 Malt Beverages; possession in dry counties, SB 262 --._____________,,_.8, 244, 281 Marietta, City of; change corporate
limits, SB 496 ____________________________.........__634, 737, 742, 813, 1337, 1895 Marietta Development Authority, Downtown;
create, HR 825 .._..._.--_.___.._......._...._...1008, 1025, 1212, 1481, 1508, 1591 Marietta Education Board; medical
insurance, HB 1577 .___.___________________._... _..._........916, 935, 1031, 1040, 1230 Marietta Parking Authority; create, HR 806 ______921, 941, 1036, 1041, 1395 Marijuana; delete from provisions of Uniform
Narcotic Drug Act, SB 418 _.___..._....._......_..__.._......__......257, 295, 459, 692 Marijuana, Possession; of penalties, SB 413 ....______.__.256, 294, 745, 831 Marijuana; redefine in Code, HB 1378 ____________________.___714, 733, 805, 878, 972, 1174 Marion County Sheriff's Office;
compensation, HB 1619 ._._..__....._...._____ 920, 939, 1035, 1041, 1235 Marion County Superior Court Clerk;
compensation, HB 1618 ___.__._________________..1336, 1350, 1513, 1525, 1696 Marion County Tax Commissioner;
compensation, HB 1620 _______._....___...._._........._._.......-920, 939, 1035, 1041, 1236 Marriage Agreements; ante-nuptial, validity, HB 767 _...__..... _._________... 308, 314, 349 Marriage Licenses; consent for pregnant females, SB 7 ._____.__.__ (No action in 1970) Marshallville, City of; new charter, HB 1583 __.___-917, 935, 1032, 1040, 1231 Marshlands, Coastal Islands Planning Commission;
create, HB 1199 _..._..--.._._...------_..._.._.._........---____..._______ -417, 422, 471 Marshlands; create Coastal Wetlands Protection
Board, HB 212 ________..........____....._.__..._____._.__._____________459, 483, 632 Massell, Mayor Sam; remarks _______.________.___._.__..__..___....____.106 Mayors' Day; commend municipal employees, SR 215 .____._._____.____105 Maysville, City of; officials' terms, SB 520 _____.__724, 798, 808, 882, 1184, 1896 Medical Advisory Board; create under Public
Safety Department, HB 1027 ....................._......__......1186, 1197, 1362, 1683 Medical Association of Georgia; commend, SR 204 _.._--_____.______________85 Medical Bills; identification of in civil
cases, HB 1270 _......-.._.................._____.________.____839, 343, 391, 526, 695 Medical Examiners, State Board; include
osteopaths, HB 655 __......__......_.._.______.._______11, 321, 1252, 1294, 1474 Medicine, Practice of; licensing, HB 1490 _.___..____.924, 933, 1030, 1167, 1308
Melton, Mr. Harold A.; commend, SR 343 __...__...................______________.._. _._._..1499
Mental Patients; transfer from out-of-state hospitals, SB 397 __.___._-...____..._........_._.__.....__213, 239, 266, 306, 1511, 1897
Merchandise, Unsolicited; deemed a gift to recipient, certain cases, SB 513 ..........._........____636, 739, 741, 831, 1838, 1852, 1897

1950

INDEX

Merit System; legislative personnel, HB 1525 __-__----_._,,._924, 933, 1030

Merit System; Personnel Board membership, HR 652 .....__.__..1177, 1199, 1362

Merit System; Probation Board personnel, HB 1480 .._._.--_____1012, 1016, 1205,

1213, 1469

Meriwether County Commissioners;

election, HB 1654 ..._____.____.________.1006, 1021, 1208, 1482, 1546

Meriwether County Superior Court; library furnish

law books, HR 848 -------_-._____.________________----.1178, 1195, 1368, 1523, 1874

Merritt, Mr. John B.; compensate, HR 578 ____--------.1342, 1359, 1519, 1522, 1761

Metropolitan Airports Commission; create, SB 499 ._--__.__-____499, 639

Mileage Allowance for State Employees; increase, HB 28 ......_.._10, 396, 453, 856

Military Forces Reorganization Act; active duty

of State militia, SB 107

_.____.__.............--__.___.--...... (No action in 1970)

Milk Producers Association, Georgia; commend, SR 355 _..._.._,,__.--......_.1667'

Milledgeville; convey property to Georgia

Military College, SR 244 .------------__----293, 319, 398, 453, 458, 1507, 1896

Milledgeville; officials elect 2 members to serve as

Georgia Military College trustees, SB 536 ....._.792, 872, 955, 1047, 1502, 1896

Milledgeville; water and sewer easements, SR 668 ___-_----721, 734, 806, 1213, 1419-

Miller County Education Board; compensation, HB 1596 ----_.____..__..918, 937,

1033, 1040, 1233

Millican, Honorable Everett; remarks _.._._.._........._..___~.----...--_....__-528

Mills, Honorable Frederick Warren; sympathy, SR 317 __----..----------1167, 1185

Minimum Foundation Program of Education; calulation

of pupil transportation expense, HB 1121 __.__.__--__..1175, 1196, 136&

Minimum Foundation Program of Education; funds

appropriated to reduce local share, HB 1656 ----------1338, 1352, 1514, 1527

Minimum Foundation Program of Education; local

funds for maintenance, operation, SB 223 --------8, 128, 149, 1680, 1834, 1896

Minimum Foundation Program of Education;

new programs, SB 368 ___----.....___________________.___137, 186

Minimum Foundation Program of Education; percentage

of participation, local, State, SB 224 ___._------__._.____...__8, 128, 148

Minimum Foundation Program of Education;

teacher allotment, SB 13 ._____------_...__.---- (No action in 1970)

Minimum Foundation Program of Education; teacher

allotment, HB 1086 __--------...__.___..___.__._-__...1009, 1015, 1200, 1527

Minimum Foundation Program of Education;

teacher allotment, HB 1340 ..----___----__________720, 732, 805, 810

Minimum Foundation Program of Education Study

Committee; create, SR 351 _.....__..___----_______----__------_1512

Minimum Wage; certain employees, HB 696 ..___.....1346, 1359, 1514, 1528, 1815,

1826, 1837, 1838, 1851, 1858, 1887

Minimum Wage; State employees covered, SR 49 ..__.--._____.___.__-243

Minors; consent for treatment, drug abuse and

venereal disease, SB 482 ......._.__------------465, 518, 525, 761, 1677, 1780, 1897

Minors; no legal guardian, custody of funds by

ordinary, SB 393 ......__------------___.._____._._-__....___.212, 239

Minors; parents binding out, HB 1701 ____-____1173, 1190, 1365, 1484, 1766

Minors, Claims; settlement of tort cases, SB 543 .....____..-858, 942, 1042, 1237

Minors; prohibit sale of obscene material, SB 158 _____.__________.144

Minors, Materials Harmful to; establish standards, SB 454 .....___.______.________....385, 425, 744, 837, 894

Minors, Sale of Harmful Materials; enforcement procedures, SB 300 _____._......._________.____________39, 54, 243, 282

INDEX

1951

Misdemeanor; redefine punishment for, SB 518 ----__,,__--.__..____.__._._724, 798, 1042

Misdemeanor Offenses; Corrections Board authority, SB 552 __..__________...__...___.___-_.-._. ..-..-.--859, 943, 1042

Mitchell County Education Board; appoint superintendent, SB 486 _________________________ 505, 638, 650, 748, 1337, 1897

Mitchell County Education Board; election of members, SB 485 .__....._.___.______________.._...._.... ______ __505, 638, 650, 748, 1337, 1895
Monroe-Bibb Counties; merge, SR 241 ...._..___.____-_._____________________________ 235, 262

Monroe County Education Board; add

two members, HB 1542 ....._._.,,_...__...___.. ...__..__._.___._-.__.____849, 863, 947, 1480, 1533 Montgomery Commissioners; clerk, salary, HB 1400__._...... ..496, 511, 643, 650, 752

Moore, Mr. John H.; compensate, HR 632 __________ __..__..._____463, 468, 520, 521, 710 Mortality Tables, Permanent Injury;
update, HB 1012 ..._.._._._____.____..._____._______.....___.._.._..__.__.-._._1175, 1196, 1366, 1524, 1765 Motorboat Numbering Act; amend relating
to license fees, SB 256 _____________________________.-----..--.__________________..__..._8

Motor Carriers; poultry transporters excluded

from regulations, HB 1240

..___..-......501, 507, 640, 745, 975

Motor Fuel Tax; exempt certain fuel, HB 1002 ___________________ 289, 293, 319, 322, 362

Motor Transport Study Committee, Georgia;

create, HR 739 ________________________________________________ ____-.._ _926, 940, 1036, 1685, 1831

Motor Vehicle Certificate of Title Act; amend relating to surplus vehicles, HB 1096 ------------------786, 794, 874, 954, 1238

Motor Vehicle Certificate of Title Act; filing fee and agents' compensation, HB 1371 ._._...__.___~_----_..__1172, 1188, 1369
Motor Vehicle Certificate of Title Act; redefine terms, SB 390 ______195, 216

Motor Vehicle Certificate of Title Act; tag agents, fees, SB 218 _________,,_____,,_.__--.-------------..1680, 1790, 1894
Motor Vehicle Certificate of Title Act; tag agents, fees, SB 219 ______________________ _._____.______458, 480, 1680, 1791, 1894

Motor Vehicle Drivers; prohibit intentional dangerous driving, HB 50 ...........__.....____..__.._.______243, 283, 789
Motor Vehicles, Licensed; no exemption from gasoline taxes, SB 475 ________________________.________._,._..._________._.______._....__.........464, 517

Motor Vehicle Licenses; partial credit on second purchase, SB 122 ____._._.._.....__,,...._._________________________________________......7

Motor Vehicle License Tags; disabled veterans, HB 746 ........................338, 342, 390,

524, 967

Motor Vehicle Licenses, Tags; fee for transfer, SB 217 ___________________.---_,,_.--------------_1680, 1789, 1896

Motor Vehicle Operators; eye test for driver's license, HB 349 ._...__..............._.._....____._ .........854, 859, 944, 1215, 1762, 1889

Motor Vehicle Operators; refund of security on death of depositor, HB 1128 __------_.----------------.309, 315, 349, 1683, 1813

Motor Vehicle Sales Act; disclosure provisions, SB 376 _________.__._.._.._..._------_--------.180, 199, 299, 323, 1673, 1894

Motor Vehicle Special Tags; amateur radio station operators, HB 1245 _____________________________._.___._.. ..339, 343, 391, 649, 998

Motor Vehicle Wheels; restrictions on cleats and spikes, HB 1189 _______________________--..____,___383, 386, 425, 526, 996, 1502
Motor Vehicles, Alcohol Tax Unit; number of vehicles, SB 193 ___________.._.___.__----._._....____..__..__781, 788, 1894
Motor Vehicles, Churches'; exempt ad valorem tax, HR 722 .______...__._______.___.............__.__----923, 940, 1036, 1217, 1493

1952

INDEX

Motor Vehicles; exempt from ad valorem tax, Executive Order, HE 684 .................__....___..1011, 1023, 1210, 1217, 1472
Motor Vehicles; exhaust systems, brakes, windshield wipers, HB 282 _...___.____.___..___._.________________.__714, 731, 804, 878, 970, 1097, 1293
Motor Vehicles; fees for operation of house and auto trailers, SB 551 _._.._........._....__..___..._______.___.858, 943
Motor Vehicles on Highways; limit visible emissions, SB 406 -____._..__._.___.____.__________,,_.___,,.____________________234, 261, 398, 477
Motor Vehicles; percentage of alcohol found in blood, SB 92 ........_-..__._____._______._____._.,,__._._.(No action in 1970)
Motor Vehicles; relating to stops at railroad crossings, SB 410 .._.......-.-.....--._.._,,._,,.._______._____._____234, 262
Motor Vehicles, Slow Moving; warning devices required, SB 328 _.__.._.___._._..______._____.____________.._._._101, 114, 203, 223, 1505, 1633, 1647, 1669, 1777, 1811, 1888, 1896
Motor Vehicles, Trucks; loads must be secured, SB 385 ....____._______ .....__.____.__182, 200, 266, 301
Motor Vehicles, Wheels and Tires; restrictions, SB 438 ..._.....__..__-_....__._.312, 348 Motor Vehicles with Red Flashing Lights;
prohibit except on certain cars, SB 314 ......__..._.._..__._._._......._.... 53, 83 Moultrie, City of; corporate limits, HB 1549 ______________.846, 864, 947, 957, 1057 Mt. Airy, Town of; mayor, election, HB 1722 __.__...1340, 1354, 1516, 1525, 1691 Mountain Judicial Circuit Court Reporter;
salary, HB 1639 _________________________________.__....920, 940, 1035, 1484, 1661 Mountain Judicial Circuit Court; terms, HB 1452 ___.....714, 727, 800, 808, 882 Movie Industry; add trailers certain movies, SR 322 ______--.1188, 1375, 1658 Multiple Prosecution; time for pre-trial motion
to separate, HB 1589 .........._..._._.....-......_..___...._.1097, 1163, 1204, 1683, 1813 Municipal Election Code; correct
errors, SB 467 _.._.._._....._.._.___._.. ...............,..._._.._.420, 470, 810, 890, 1510, 1897 Municipal Employees' Retirement System; additional
members, HB 1190 ...............__.._.___._._.___.__._1010, 1015, 1201, 1485, 1664 Municipal Tax Assessors; use county tax
assessments, SB 339 ......._..__.__...........____.______109, 123, 126, 171 Municipal Type Services; counties levy tax, SB 571 _.______...__1187, 1361 Municipalities, Counties; levy certain excise
taxes, HB 1318 ........._....____.__.______.1013, 1163, 1204, 1216, 1603, 1675 Municipalities; governing authorities regulate
salaries, pensions, SR 52 ______________________________10 Municipalities; Highway Department maintain
state-aid roads within limits, SB 498 _______....____.634, 737, 878, 965 Municipalities, Home Rule; relating to members of
governing authorities, SB 468 ..._....._..-._...._....... 420, 470, 810, 910, 1885, 1897 Municipalities; impose tax on movie
admissions, HB 1038 ............____________________....._....._._......179, 184, 202 Municipalities; insurance for peace officers, SB 361 ...__._..____.136, 185, 459, 535 Municipalities less than 5,000; methods of extending
boundaries, SB 423 ..-...-..-_...-.-......__.-_.._..__...______._.._._.258, 296, 651 Municipalities; levy fee on parking, SB 434 ........_..........__.____.292, 319, 458, 529
Municipalities over 5,000; methods of extending boundaries, SB 42 _...__.....__._..______268, 296, 525, 762, 1678, 1892, 1897
Municipalities; provide full-time jailer, SB 461 __..........419, 469, 958, 1092, 1167, 1285, 1334, 1657
Municipalities; urban redevelopment property sold without bids, SB 384 ___....__._._.._.._..182, 200, 298, 325, 788, 900, 1895

INDEX

1953

Murphy, Honorable Bill; commend, SR 344 .__.___...._....__-___.______1498 Murray County Commissioners; compensation, HB 1600--_--_----.--.1183, 1197,
1363, 1480, 1534
Murray County; officials, compensation, HB 1501 _.._.1183, 1197, 1363, 1479, 1552 Muscogee County-Columbus Building Commission;
change to "Authority", HB 1257 _.__...._...__..._-.,-.336, 344, 392, 397, 430 Muscogee County Elections Board; create, HB 1187 ______194, 198, 218, 320, 355 Muscogee County; employees' pensions, HB 1105 _____------134, 139, 187, 241, 268

N
Narcotics, Sale of; rewards for information leading to arrest, SB 398 .__..__..._..._.._.._.._..__-_._...-._.._.__.._._..213, 239
National Firearms Act; relating to machine guns, SB 394 __._.--_______._... 212, 239 National Guard, Georgia; commend, HR 916 .___.__.._._.._.-----1338, 1499 Nations, Mr. V. S.; compensate, HR 661 -_______________852, 869, 952, 1038, 1323 Natural Resources, Deterioration of; state funds
used for reclamation, SB 307 .._..._____.._.__.40, 55, 58, 93, 206, 208, 228 Net Income, Taxation of; terms conform to Internal
Revenue Code, HB 1370 ._....._.......__._.__._..__.___854, 860, 944, 1216, 1471 Newton County Coroner; salary, HB 1231 _._____.._230, 237, 264, 956, 1049 Newton County; governing authority
enact ordinances, HR 665 .__..___.______.382, 389, 428, 956, 1073, 1476 Newton County Juvenile Court Judge;
compensation, HB 1708 -....-_.._....____.._.____1339, 1353, 1515, 1525, 1693 Newton County Ordinary's Office;
operating budget, HB 1230 ....___..._________230, 236, 263, 956, 1049 Newton County Sheriff's Office; operating
budget, HB 1234 ____________________________.231, 237, 264, 956, 1050 Newton County Superior Court Clerk's Office;
budget, HB 1233 ______________._________._____231, 237, 264, 956, 1050 Newton County Tax Commissioner's Office;
budget, HB 1232 _____________________________. 230, 237, 264, 956, 1050 Newton County Water Authority;
create, HB 1662 ___________________________..1007, 1022, 1209, 1482, 1543 Nicholls, City of; mayor, aldermen, election, HB 1429 ....499, 514, 646, 1480, 1534 Nix, Honorable Jack P.; remarks --__--___.__._.____________.__.___105 Nixon, President Richard; commend Carswell Supreme
Court nomination, SR 223 ___________________...___.________130 Non-Residents; personal jurisdiction, HB 1052 ._._._211, 215, 241, 811, 984, 147T Non-Residents Transacting Business in State;
define term, SB 254 _______.__.__..__.....________._.__...__144 Northeastern Judicial Circuit; court reporters,
salaries, SB 350 ____________________..__111, 124, 299, 323, 1337, 1894 North Fulton Special Choir; official
State choir, SR 321 ________________.__....1161, 1201, 1214, 1418, 1886, 1898 Notify Governor that General Assembly has convened, HR 509 ._________16, 17
Notify House that Senate has convened, SR 182 _______...._________6, 22
Notify Senate that House has convened, HR 508 ____________._____.15
Nurses Examining Board; membership, SB 514 _____.___...__.636, 740, 744
Nursing Home Administrators Board; change name, membership, HB 1492 .______...._...1172, 1189, 1370, 1374, 1645, 1888

1954

INDEX

Nursing Home Patients; counties reimbursed for welfare costs, SB 404 ______,,_____----.233, 261, 368, 459, 480, 1885, 1897
Nurses of the day: Bell, Miss Diane _.._____.__--__------__-____--._.__...__...........105 Carroll, Mrs. Linda _..._..__._.___.._____.._------------18, 204, 493 Emory, Mrs. Gloria C. _.___~__~--_.._._____-..--_..___--------.845 Head, Miss Jerry _..._-___.._------------------...__------._--...__.__._..... 52 Lord, Mrs. Carolyn ....___..._...___._._.__.----.___.----------------------,_-- 130 Martin, Mrs. Alice -...._.-._.-.....-.....__.._.....-....._.__.._...__...-._--....-..-915, 1673 Shaw, Miss Anis .._____......________._....._._.....___..._........_..._.130 Taylor, Miss Violet J. _.,,..._...._...__.._._....__----------------_-------__--148 Woods, Miss Madeleine ..._...._____._________....____.___-307

o

Obscene Material, Distribution of; define offense, HB 1042 ----------.------ _.__.__..-....-.255, 259, 297, 1042, 1309
Obscene Materials; impose tax on, HB 1040 ~~~._..--179, 184, 202, 458, 983, 1174 Obscene Materials; prohibit sale to minors, SB 158 -_.-_---__--__---.--_-_--------144 Ocilla, City of; increase fines, HB 1402 _....__....--____...------.496, 511, 643, 742, 817 Ocmulgee Judicial Circuit Court Reporter;
salary, HB 1626 __----------------------__------.920, 939, 1035, 1484, 1661 Oconee Judicial Circuit; employees, compensation,
HB 1601 ------_----------._--_.------__...--..._--.919, 938, 1034, 1484, 1663
Ogburn, Mr. B. F. and Rev. Inman Gerald; compensate, HR 696 .--_--._..----.__...--._--...__1342, 1358, 1519, 1522, 1756
Ordinaries; conduct primary elections, SB 421 _.__...__....--._--.-__ 257, 296, 743 Ordinaries; supervise election primaries, HB 1304 .__._----1097, 1163, 1203, 1373,
1640, 1671, 1823, 1825, 1847 Ordinaries; use photostatic equipment, HB 1388 ___--787, 796, 875, 1684, 1865 Ordinary; control funds of minors, insane persons
with no legal guardian, SB 393 .--..__----__..._.._...._...._--..._------.___. 212, 239 Osteopaths; include on Board of
Medical Examiners, HB 655 .------.------_...____----11, 321, 1252, 1294, 1474 Owens, Mrs. Martha C.; compensate, HR 705 .____.--.853, 870, 953, 1039, 1329

P
Pardons and Paroles Board; add two members, SR 295 --_.___.-_.--..._.._._.._..__------------859, 944, 1041, 1291
Pardons and Paroles Board; replacement of disabled member, SB 374 __.._...--.._._.____.180, 198, 267, 301, 1884, 1896
Parking Fees; municipalities levy, SB 434 .__.________-.292, 319, 458, 529 Parks Department; come within Industry and
Trade Department, SB 437 _.--__----.._.__._.._.._._.._____.312, 348 Parole Officers; execute warrants issued by
Board, HB 1129 ..-- ._----------------___.1012, 1015, 1200, 1484, 1665 Partnerships, Limited; acquire property, HB 1149 ----------179, 184, 202, 526, 695 Patrolmen, State; five-day work week, HR 703 ....__.1013, 1024, 1211, 1215, 1660 Paulding County Commissioner;
compensation, HB 1711 ._.____....._...--........._._...._1339, 1353, 1515, 1525, 1692
Paulding County; fire districts, HR 727 ------------------.718, 735, 807, 809, 1067

INDEX

1955

Paulding County; governing authority enact ordinances, HR 725 ......_._._-.._-__.--.___....__....718, 735, 806, 809, 1068
Paulding County Officials; compensation, HB 1712 .__.._._.._.___._.._____1339, 1353, 1515, 1525, 1692
Paulding County; sewage districts, HR 726 ________.718, 735, 807, 809, 1071 Paulding County Tax Commissioner;
compensation, HB 1710 _._._.__.____.___._______1339, 1353, 1515, 1525, 1691 Paulding County Water Authority;
duties, HB 1564 _._____..______.._._._.___848, 865, 949, 957, 1058 Pavo, City of; councilmen's
salaries, HB 1299 .____,,.......____._......____......_____.338, 346, 394, 397, 431 Peace Officers' Annuity and Benefit Fund;
redefine terms, HB 1182 _______.__,,_._.___..._......._.925, 930, 1027, 1485, 1617 Peace Officers' Annuity Fund; receive percentage
of fines, SB 317 .-.__.____.____-.__._..__.----..80, 103, 267, 326, 1501, 1670 Peace Officers; compensation in criminal cases, SB 137 .....___._~___.._--.84 Peace Officers Standards and Training Council;
create, HB 1208 _.......____._._._..___.___.-.___._.........417, 422, 471, 743 Peace Warrants, Behavior Bonds; relating to, SB 463 __...__-_.._.419, 469, 811 Peach County Education Board; add two
members, HB 1517 ___.___.....____._.__...___..__.__785, 797, 876, 956, 1051 Peach County Industrial Development Authority;
receive tax receipts, HR 583 __...--....-_.-...,,_._..._._232, 238, 265, 1525, 1703 Peach County Superior Court; library furnish
records, HR 643 ..._...__._...._._._.....____.______.___417, 423, 472, 650, 757 Peachtree City; recorder's court, HB 1165 ___.._.--__.__254, 260, 298, 320, 354 Peanuts, Stored; exempt from ad valorem
tax, HR 519 __._.._____._.____.._.__.___..923, 940, 1036, 1217, 1421 Pembroke City Court; traffic violations, SB 458 ...__...418, 469, 522, 673, 1185,
1296, 1895 Penal Building Authority; amount of bonds
issued, HB 659 ..............__............___.1161, 1162, 1203, 1372, 1796, 1890 Pennington, Senator Brooks; statement .__._..______.,,..._...--_.._----. 490 Perry, City of; general election, HB 1186 .__._._...___..494, 508, 641, 1039, 1225 Perry, City of; homestead exemption,
certain cases, SR 289 _._.......__.________.....793, 873, 956, 1062, 1502, 1898 Perry, City of; mayor, councilmen,
salary, HB 1185 ........_...._._........__________.__194, 198, 218, 320, 355 Personal Jurisdiction; non-residents, HB 1052 __......211, 215, 241, 811, 984, 1477 Personnel Board, State; membership, HR 652 ____......_........1177, 1199, 1362 Pesticides, Approved; tobacco farmers use, HR 761 ...____.....722, 736, 808, 1492 Pharmacists; qualifications for registration, HB 1216 __309, 315, 349, 459, 910 Pharmacy Board; be members of Georgia
Drug Council, SB 416 ___..........__...__...___________________..256, 295, 744, 832 Pharmacy Board; compile list of dangerous
drugs and narcotics, HB 1357 ._____...__.__._.._.._721, 733, 804, 878 Pharmacy, State Board of; commend, SR 275 .____._.___.___._.....506, 744, 826 Phillips, Mr. T. L.; compensate, HR 645 ._.._.._._.__-852, 869, 952, 1038, 1322 Physicians; See Doctors of the Day
Pike County Deputy Tax Commissioner; compensation, HB 1616 ....._........__.______.920, 939, 1035, 1480, 1557
Pike County Tax Commissioner; compensation, HB 1617_..._.______.---__.920, 939, 1035, 1480, 1554
Pipeline System, Intrastate; Public Service Commission authority, HB 1384 _..___..______787, 796, 875, 1214, 1410

195S

INDEX

Pirrung, Honorable Gilbert R.; commend, SR 269 -______.__.______527 Pitta, City of; new charter, HB 1649 ________ --____-_-_1180, 1191, 1364, 1480, 1553 Plains High School Boys' Basketball Team;
commend, SR 350 ____--_.______..._______________.___-________1667 Planning and Development Commissions; aid in

housing development, HB 1147 ..._._______....___________..338, 343, 391, 810, 974 Planning and Programming Bureau, State; change
name, SB 298 ..._.__-________________._._.___.___.__._._..__._____38, 54, 128, 167, 290, 303, 1894

Planning Commissions; enter into agreements in adjacent states, SB 561 __-..._.____._-___.___...-._..___________.928, 1026, 1041, 1294

Planning Commissions; provide workmen's compensation, HB 1166 _________________________________._____.309, 315, 349, 458, 481
Plants, Trees, Produce of; property of land owner, SB 294 ______________________________________________.____._.___-_-.._. 20, 42, 351
Plumbing Contractors; examination, HB 1622 .__.....1012, 1017, 1206, 1376, 1662

Plunkett, Senator Lamar; statement ____-.__..__.___-__-.-_____.__-________._-_.....____--.964, 1171 Police Officer; reward for information on
kiling of, HB 1117 ____._..._._.__...._.____....__--_.925, 929, 1027, 1684, 1855, 1892

Polk County Commissioners; expense accounts, HB 1732 .......____. ._____._____-.______..____.__.____1341, 1355, 1517, 1525, 1690

Pollution; motor vehicle emissions limited, SB 406 -__......_234, 261, 398, 477 Ponsell, Honorable William King; sympathy, SR 365 ____...___._._._._.-.._.......__.- ,.1872

Pornographic Material; prohibit sale to minors, SB 158 _...____._..-_,,----..-_. 144

Ports Authority Act; re-enact terminal development

section, HB 1301 .._....._.......____......._..........._......__..._..__.720, 732, 805, 810, 973

Ports Authority, State; exempt from certain taxes, SB 493 .__.__....______... 633, 737

Poultry Federation, Georgia; commend, SR 237 -_.--___--____________

-205

Poultry Processing Plants; licensing requirements, SB 313 ______.______.. 53, 83, 351 Poultry Processing Plants; licensing
requirements, HB 1114 ___..______..___________.______.________._____.501, 507, 640, 648, 1238

Poultry Transporters; excluded from regulations on motor carriers, HB 1240-.-__--____--.--_------_.__-501, 507, 640, 745, 975

Powder Springs, City of; corporate limits, HB 1608 ._..____.___________.______..__._______._.____919, 938, 1034, 1040, 1234
Preachers; See Chaplains

Premium Finance Agreement; change fees charged, SB 517 .________.._____._...___._......._____724, 798, 954, 1093, 1103, 1674, 1897
Presley, Mr. Warren A.; compensate, HR 724 _______ __.____._-853, 870, 953, 1039, 1331 Primary Elections; ordinaries supervise, HB 1304 _..._._-1097, 1163, 1203, 1373,

1640, 1671, 1823, 1825, 1847
Printing Agency Study Committee, Central; create, HR 850 ____._.._._-_.....____...-___..-.______..__.._...._1344, 1361, 1521, 1685, 1874

Prisoners, Certain; restore all rights, SR 230 _....._.__________..._____._______. 183, 201

Prisoners, Confinement of; study committee, SR 262 __-__.________,,_.________ 421

Prisoners; ineligible for parole on third felony conviction, SR 192 ..__...___.._..__._______________________..__.__..41, 56
Prisoners; temporary transfer, appeals cases, SB 362 .__.__...__..__....________-__..___..____136, 185, 267, 301
Prison Industries Act; prisoners, contract work with private industry, HB 815 -_,,____.__--___............._._.__...._._,,.__...._.__....._._12

Prison Labor; contracts with Highway Department, SB 189 _..___._._..,,....._.______._(No action in 1970)

Prisons; unlawful to bring in certain drugs, HB 797 ..._______._____________.....______ 11

Private Schools, Dependents in; homestead exemption, SR 227 __--_...-_---_.___---____.....__.__...__________182, 201, 743

INDEX

1957

Private Schools Study Committeee; create, SR 276 ._.__--_.-.637, 740, 810, 897 Probation Act; change designation of certain
officers, SB 83 .-..-__.-__,,._.__-...___,,..._........._._.......__.-._.._-. (No action in 1970) Probation Board; personnel under Merit
System, HB 1480 .__..___..._._......_.__....._..__...___.1012, 1016, 1205, 1213, 1469 Probation Systems Study Committee; create, SR 282 _._..._.._._.-..-___-._.__.-..___.726 Professional Corporation Act;
enact, SB 389 .._...........__.....__....._.__....._...,,__ 195, 216, 299, 326, 1501, 1623, 1894 Properties Control Commission; additional
powers, HB 1325 ._...______....__.....__..._.._..._._.._...__787, 795, 875, 1216, 1618 Properties Control Commission; rules on property
disposal, HB 1324 ___._.______.________._._____.._______.._____.____.__._.787, 795, 875, 1216, 1409 Property, Burial; General Assembly exempt
from taxation, SR 217 ._.--_..._-__..._...__-..______..__......._._...-..__...112, 125, 126, 165 Property Insurance; available to all applicants, SB 222 .......,____. 1501, 1632, 1669,
1671, 1738, 1777, 1778, 1780, 1810, 1888, 1896 Property; limited partnerships acquire, HB 1149 .__......___.... 179, 184, 202, 526, 695 Property; municipalities dispose of urban redevelopment
without bids, SB 384 _.-_....__..._.....__...__....___182, 200, 298, 325, 788, 900, 1895 Property, Open, Undeveloped; determined urban
redevelopment project, certain circumstances, SB 381 ._..____ 181, 200, 298, 324 Property, Personal in Transit; exempt from ad valorem
tax, certain cases, SR 17 __..__...___....__...,,,,.._._...._......._....__...._.__..._._..._ 243 Property, Real; clarify provisions on interest
rates on transactions, HB 1043 ._._..-__.___.__..._-_719, 731, 804, 904, 954, 1794 Property, Real Tangible; separate tax
classification, SR 193 _________________________,,_________.._____.___.__...___.._.....41, 56 Property, State; arrests, warrants on, by
State Patrol, HB 1509 ___________________855, 861, 945, 1215, 1768 Property, State; inventory, HB 626 _____________.._____-____.._. 255, 259, 297, 396, 438 Property, Surplus State; convey, HR 829 _____.________1177, 1198, 1363, 1484, 1658 Property, Tangible Personal; change ad valorem tax
classification, SR 216 ____________________________ ..._....112, 125, 126, 163, 1511, 1898 Property, Tangible Personal; exempt from sales tax,
Executive Order, HR 683 ____________._.______..___.__.1011- 1023, 1210, 1217, 1472 Property Tax Returns; personal property
exempt, HB 1456 ___..._._____________________ 855, 860, 945, 1217, 1470 Property Transfer; Agriculture Commissioner lease
land to Athens, SR 242 ___._.._._____.__.._______.__.______ 235, 262, 298, 363, 1886, 1898 Property Transfer; Baldwin County Education Board,
lease contract with State, HR 813 ___....._..........____..____.._____.1012, 1025, 1212 Property Transfer; Bibb County lease land to U. S.
Agriculture Department, HR 543 ___________._____._._______.211, 215, 241, 351, 399 Property Transfer; Black Rock Mountain State Park,
land easement, HR 276 ___......__.___..___.__._.__.______._____________..._ 232, 238, 265, 352 Property Transfer, Surplus; General Assembly transfer
to schools, SR 207 __---__.-_..___.__.,,.__..______.____....__........102, 114 Property Transfer; Governor convey land to
City of Canton, HR 672 .._____._________._.____._________.____721, 734, 806, 1213, 1420
Property Transfer; Governor convey easements to Milledgeville, HR 668 ._.________..___._.____________________.__...721, 734, 806, 1213, 1419
Property Transfer; Governor transfer land in Hart County, SR 294 .._..._-.....__...._.....-_....__._._.....__...........__......_....._...._._793, 873, 1041
Property Transfer; Hart County property to Game and Pish Commission, HR 815 ....__.-_._..-._.-_.__1173, 1190, 1365, 1373, 1659

1958

INDEX

Property Transfer; Liberty County real property, HE 641 ......____________________1010, 1023, 1210, 1213, 1420
Property Transfer; Milledgeville convey to Georgia Military College, SR 244 _____________293, 319, 398, 453, 458, 1507, 1896
Property Transfer; Properties Control Commission amend lease, W&A Railroad, HR 655 ________927, 941, 1037, 1043, 1311
Property Transfer; Rabun County convey property, HR 849 __________________________1177, 1199, 1362, 1484, 1659
Property Transfer; State property in Cherokee County, HR 829 _________________1177, 1198, 1363, 1484, 1658
Property Transfer; surplus to State institutions, SB 265 ___________________________352, 400, 1674, 1894
Property Transfer; Wayne County-Jesup convey, SR 259 __________________________________421, 471, 524, 685
Prosecution, Multiple; time for pre-trial motion to separate, HB 1589 __________________1097, 1163, 1204, 1683, 1813
Providence Canyons Study Committee; commend, SR 251 _________________________________314, 522, 757, 1509
Psychologist, Treatment by; insurance coverage, certain cases, SB 460 _____________....__.-_-__-__._______-__-419, 469
Psychology, Applied; practice of, change definition, SB 268 _____________________________1679, 1826, 1896
Publications; State Agencies send only on request, SB 424 ______.___._.258, 296 Public Assistance Act; change method of
financing, HB 1194 ____________________1344, 1359, 1514, 1522, 1781, 1889 Public Contractors; surety bonds, SB 533 _______________791, 872, 1219, 1408 Public Debt; authorize incurring, SR 197 _____________-___.____..54, 84, 116, 152, 1823,
1838, 1845, 1870 Public Office, Elective; limit to one when paid by
public funds, HB 75 __________________________________________95, 127, 173 Public Records, Inspection of; certain
records confidential, HB 683 __________________416, 422, 471, 958, 1875 Public Safety Department; certain employees,
compensation, HB 1085 ____.__.__-_____-__________786, 794, 874, 1041, 1237 Public Schools; tenure law, SB 23 ._____________-_._-____-_._______.______6, 128 Public Service Commission; authority over
intrastate pipeline system, HB 1384 --__._____--.787, 796, 875, 1214, 1410 Public Service Commission; communication received _____________._,,____.._.________ 131 Public Service Commission; members,
compensation, HB 191-_______-_______-__._632, 637, 740, 1483, 1609, 1679
Public Service Commission; powers and duties, SB 489 ________________________________ 505, 639, 653, 761, 1777, 1778, 1894
Public Service Commission; powers, violation of rules on natural gas transmission, HB 610 ____.--________ _._.__ ___._,,_____ 11, 219, 252
Public Work Camps; corrections board continue to use, SB 365 _____________137, 185, 267, 302, 1510, 1649, 1896
Pulaski County Deputy Tax Commissioner; compensation, HB 1693 ________________..,,_____._. 1182, 1193, 1371, 1481, 1554
Pulaski County; fire districts, HB 1694 __________________ 1182, 1193, 1371, 1479, 1543
Pulaski County Superior Court; personnel, compensation, HB 1695 ___________._________1182, 1193, 1371, 1481, 1554
Pullen, Mr. Bill; compensate, HR 697 _____________________853, 869, 952, 1038, 1327
Public Safety Department; Medical Advisory Board, create, HB 1027 _.___________.______________________1186, 1197, 1362, 1683

INDEX

1959

Pupil Transportation Expense; method of calculation, HB 1121 _______________.____________________1175, 1196, 1366
Purchasing Supervisor; agencies make certain purchases, SB 372 _____________________________--138, 187, 352, 406, 1507, 1896
Purchasing Supervisor; certain purchases, annual contract, SB 373 .-_-____------._.._.__----_-138, 187, 352, 407, 1507, 1896
Purchasing Supervisor; compensation, qualifications, SB 371 --._._.------138, 186
Purchasing Supervisor; purchase requests, distribution of, SB 370 .______-_____----.___..____----__.__ 137, 186, 352, 405
Putnam County Small Claims Court; create, HB 1246 ----______--__.__--__________.__336, 344, 392, 522, 670, 789

Q
Quitman, City of; elections, HB 1528 --_..------_._------._.- 854, 861, 946, 957, 1056

R
Rabun County; convey property, HR 849 __._.._------1177, 1199, 1362, 1484, 1659 Rabun County Ordinary; compensation, HB 1508 ___.__--785, 796, 876, 1480, 1536 Race Tracks; licensing and regulating, SB 243 __._----________ No action in 1970 Radar Speed Detection Devices; prohibit
use, HB 1227 _____________..... _________.339, 343, 391, 878, 999, 1186 Radio Stations, Amateur Operators; special tags,
trucks, station wagons, HB 1245 _.___.--_________._.__ 339, 343, 391, 649, 998 Rahn, Mr. Joe Alien, Jr.; compensate, HR 592 ____.----.310, 317, 350, 395, 544 Railroad Crossings; designate unsafe, certain
cases, SB 278 _______._.__--_.___.____.___--________.___--____266, 306, 333, 435 Railroad Crossings; motor vehicle operators'
stopping distance, SB 410 .__.._----__----___----.___----_____.__..._._----_ 234, 262 Railroad Crossings; rights-of-way be cleared for 50 feet, SB 306 ___._._____._ 40, 55 Railroad, W&A; Properties Control Commission
amend lease, HR 655 __________ ...... ___.__--________..927, 941, 1037, 1043, 1311 Real Estate Agents; unlawful to coerce persons to
rent or sell, HB 1615 ________._.___--____--1097, 1163, 1203, 1684, 1813, 1872 Real Estate Brokers; licenses, expiration of, SB 49 _.__.______.--1216, 1408 Real Estate Investment Board; abolish, SB 426 ____...--.......291, 317, 741, 1422,
1809, 1829, 1897 Real Estate Investment Board; membership
and compensation, SB 299 ___------__--_-___--__----____--______ 39, 54, 299, 837 Reconveyance; security deeds, grantor death not
affect, HB 1051 .. ........... __....--..308, 314, 349, 460, 481 Recreation Authority, Georgia; create, SR 248 ________________----..._---- 313, 348 Red Flashing Lights; prohibit except on official
motor vehicles, SB 314 --_____.--.____--._____--_.____--____________....... 53, 83 Regents, Board of; academic year payments to junior
colleges, SB 425 __.______---___--_____--_..____--._____.258, 296, 396, 440, 1506, 1897 Rehabilitation Service, State Department of
Education; commend, SR 308 ------__----__..__----._..____...--__-._----__.. 1090 Remittitur; time for in death penalty
cases, HB 1062 __.--_____--__--____--____--_._________ 308, 314, 349, 526, 694 Retail Installment & Home Solicitation Sales Act;
disclosure, SB 375 __----__--_._____--____.________180, 199, 299, 323, 1673, 1894

1960

INDEX

Retirement Benefits; General Assembly allowed to increase, SR 203 ._-._.__,,_--_._____.,,-...___.___..__._____.82, 105, 299, 364
Retirement Fund, Firemen; employees be members, HB 1141 ___.____.____._________,, 382, 385, 425, 1485, 1610, 1616,

Retirement Fund, Trial Judges and Solicitors;

1669, 1887

court reporters eligible, SB 56 ._._-_--..._._.__.._--___--_____-__..._....__..267 Retirement Income; exempted from gross income,

certain amounts, HB 869 _____,,--..______.________._____.....231, 235, 262, 649 Retirement Legislation; reviewed for actuarial soundness, SB 289 __.____267

Retirement, Peace Officers' Fund; redefine

terms, HB 1182 ..__.______._______.__.__._______.________..___________925, 930, 1027, 1485, 1617 Retirement, Superior Court Clerks; delinquent

payments, HB 1061 .________.._.._____,,_._____..__.,,____,,_ ..254, 259, 297, 1485, 1617 Retirement System, Employees'; appellate court judges
be members, HB 1087 _____._________._-________._____._________._.723, 735, 807, 1485, 1667 Retirement System, Employees'; change certain disability
benefits, HB 1142 .__-.,,__.____._...-..______._._..._....... 340, 347, 394, 746, 834, 926

Retirement System, Employees'; civil defense employees be members, SB 355 _......___.__....,,____-._..._..._...._......__.- .....120, 141, 745

Retirement System, Employees'; credit for armed forces, SB 337 ......_........___......__-_.._....._.__..._.._..._..._-_..109, 122, 745
Retirement System, Employees'; federal employment, SB 6 .....--...--.........__-_..267 Retirement System, Employees'; investment of assets, SB 5 _----___.__...__._......._ 143 Retirement System, Employees'; prior service, SB 40 ._.____-----_._._._,,_..___,__.267

Retirement System, Employees'; prior service credit, SB 58 __._..--._...._267 Retirement System, Employees'; prior credit
armed forces, SB 60 ......__--..._.----.......-.--.._.._.....----------....--No action in 1970 Retirement System, Employees'; superior court judges,
membership continued, SB 69 .-________....-______.....-__-......._--...._...No action in 1970

Retirement System, Employees'; Supreme Court Justices be members, HB 1088 ...__................_.._..........-........__--723, 735, 807, 1485, 1664

Retirement System; General Assembly use available funds, SR 226 __......._.___...,,___....._.........__...._..--...._.--._..._..121, 133, 142, 267

Retirement System, Legislative; provisions not apply to new members after Jan. 1, 1969, SR 45 ..----.--..-.._--__.--..--.........__.267
Retirement System, Legislative; twenty years' service, eligible age 65, SB 65 -.-..___......,,__...--____..____..._.._.__.... No action in 1970
Retirement System, Municipal Employees; additional members, HB 1190 ....._.____......____.._..___._..1010, 1015, 1201, 1485, 1664

Retirement Systems, Advisory Committee on;

create, SB 330

____-___--,,.--__..__,,,, 101, 114, 267, 328

Retirement Systems; change constitutional

provisions, SR 75 __._..__,,_---_--__---_--.....------_.---.-- __._.......No action in 1970

Retirement Systems; increase benefits, teachers,

state employees, HR 624 ....__._......._.___........_.787, 797, 876, 1485, 1629, 1675, 1739

Retirement Systems Investment Policies Study

Committee; create, SR 346 .-_.._.,,......__.........._-.......,,__..............-.._._.___--.........1348

Retirement Systems, State; single agency administer, SR 209 ..._--._..__--...___......_......___.-..........._.102, 114, 267, 329

Retirement Systems Study Committee, Consolidated; create, HR 546 ___________________________________..211, 215, 241, 527, 829

Retirement System, Teachers'; benefits before age 62, HB 173......_._._.............__.527

Retirement System, Teachers'; credit for pay from University System, HB 1226 ___._______._.________..____________1098, 1163, 1203, 1529, 1752

INDEX

1961

Retirement System, Teachers'; eligible after 30 years service, SB 331 __...______..____________________101, 114, 745
Retirement System, Teachers'; increase benefits, SR 22 ._._..--_..--______267 Retirement System, Teachers'; investment of funds, SB 4 ________________143 Retirement System, Teachers'; out-of-State teaching,
credit, SB 358 ________________________________________.__120, 141, 526, 685 Retirement System, Teachers'; post-retirement
benefit changes, SB 71 ____________________________________..__.267 Retirement System, Teachers'; redefine earnable
compensation, HB 171 ____.__--_____--_._.____----__.--___._--_.____267 Retirement System, Teachers'; redefine
terms, SB 359 ___________________.___._____121, 141, 527, 688, 1677 Revenue Bonds; interest rates, HB 1196 ____________ 923, 930, 1028, 1217, 1411 Revenue Commissioner; check county tax digests
for uniformity, SB 341 _______________.,,. ____110, 123, 126, 172, 1884, 1896 Revenue Commissioner; compare classes of property within
counties, uniformity, SB 478 _________________46B, 518, 649, 759, 1885, 1894 Revenue Commissioner; equalize county school
property tax digest, HB 734 ________________._.____--...743, 978, 1891 Revenue Commissioner; no limit, alcohol tax unit
motor vehicles, SB 193 ___________________________,_______781, 788, 1894 Revenue Department; Deputy Commissioner,
appointment, HB 1247 _______________________.382, 386, 425, 521, 700, 790 Reward Informant; killing of police
officer, HB 1117 ____________________925, 929, 1027, 1684, 1855, 1892 Richmond County; additional court reporters, HB 898 _______.1182. 1190, 1367,
1479, 1552 Richmond County; animal control, HB 1637 ________1005, 1019, 1207, 1479, 1543 Richmond County Associate City Court Judge;
appointment, HB 1478 ______________________..,,___.____.850, 861, 945, 957, 1055 Richmond County-Augusta; consolidate governing
authorities, HR 827 __________________________________________________ 1345, 1360, 1521 Richmond County-Augusta Transportation Authority;
create, HB 894 ..__.____...._______.._____.____-_.921, 929, 1027, 1526, 1685, 1889 Richmond County; budget, HB 1593 _....______.______918, 937, 1033, 1481, 1537 Richmond County Coroners; assistants, HB 1507 ____________717, 730, 803, 809, 886 Richmond County; employees, compensation, HB 1741 ___--._____. 1343, 1356, 1518,
1526, 1693 Richmond County Personnel Commission; create, HB 1623 _-_____1183, 1191, 1367 Richmond County; recreation program, HB 1636 _____.____1005. 1019, 1207,
1526, 1695 Richmond County; regulate businesses, HR 811 _____________..1178, 1195, 1370,
1682, 1722, 1890 Richmond County; street light
districts, HR 810 _____________________..__.___._1008, 1024, 1211, 1480, 1568
Richmond County Tax Collector; school taxes, HB 1740 ______ ________-__-__-______,,__..1343, 1356, 1518, 1525, 1700
Richmond Hill, City of; corporate powers, SB 457 ______.___________ 418, 469, 522, 672, 1183, 1895
Riley, Senator John; statement --____--____----____---.----_.--____________1512
Ringgold, Town of; mayor's court, HB 1250 ______________ 336, 344, 392, 523, 676
Riverdale, City of; elections, HB 1627 ___________._1003, 1018, 1206, 1482, 1542
Roberts, Mr. William P.; compensate, HR 633 _____________.852, 869, 952, 1039, 1321
Robertson, Dr. Leon H.; commend, SR 298 _____________________________ 840

1962

INDEX

Rockdale County Coroner; compensation, HB 1588 _________.--_______..-____918, 936, 1033, 1040, 1232
Rome, City of; general elections, HB 1450 _....___~______501, 516, 647, 650, 756 Rome-Floyd County Sheriff and Police; commend, SR 347 ------------....1498 Rome Recorder's Court; change name, HB 1609.--.-__.___...__1003, 1017, 1206,
1482, 1532 Rowland, Honorable Emory L.; sympathy, SR 201 --..___._..-- ---._-..._.,,.______._......_ 59 Rucker, Mr. Willie James; compensate, HR 600 ________......310, 317, 351, 395, 546 Rural Electrification Co-op Board;
duties and powers, HB 1084 ___._._..____.__._....._____.._254, 259, 297, 812 Rural Electrical Co-ops; powers of
directors, SB 311 _________________.__._.______.______52, 83, 129, 150, 1501, 1895 Russell, Honorable Richard B., Jr.; commend, SR 358 .______________.1668, 1887 Russell, Honorable Richard Brevard; commend, HR 986 ___________.....1509, 1668

s

Sale of Water; clarify sales tax exemption, HB 1322 _..___787, 795, 875, 954, 1309 Sales; price reduction illegal for additional
sale, SB 212 ___________________________________________________(No action in 1970) Sales Tax; credits and exemptions for
hospital authorities, HB 1321 _.___._________._______-______786, 795, 875, 954, 1321 Sales Tax; exempt fish feed, HB 1346 _________________ 925, 931, 1029, 1372, 1876 Sales Tax; exemptions on sales to U. S.,
State, counties and cities, HB 1323 __-___.____922, 931, 1028, 1523, 1795, 1892 Sales Tax; exempt Holy Bible, Executive
Order, HR 682 _______________________________1010, 1023, 1210, 1302, 1372, 1659 Sales Tax; exempt non-profit hospitals,
Executive Order, HR 688 -- ______._________.____1011, 1024, 1211, 1217, 1473 Sales Tax; relating to sale of water, HB 1322 ____._____.___787, 795, 875, 954, 1309 Sales Tax; exempt certain property,
Executive Order, HR 683 _.__________.______________.__1011, 1023, 1210, 1217, 1472 Sales Tax; exempt school food, Executive Order,
HR 686 -_-__.__-.----__._____---.__.____,,-----._______-.-__-.1011, 1023, 1211, 1217, 1473 Sales Tax; exempt transit system, Executive
Order, HR 685 ___.__________._.__.__________________..__..___1011, 1023, 1210, 1217, 1473 Sales Tax; exempt urban transit system fares, HB 1101 _____________ 231, 235, 263,
396, 439 Sales Tax; repeal exemption, State banks, SB 445 _______.________.___341, 390 Sales Tax; taxicabs, gross
receipts, HB 1696 .---_._____---_._.,,___.---____.____.---1174, 1189, 1365, 1523, 1764 Sales Tax, Urban Transit System; ratify
Executive Order, HR 545 ____________________._--..232, 238, 265, 396, ,439 Sales to State by State Officials;
procedures, SB 446 _-_______._____-___..-_..__..______-____-_.341 ) 390, 745, 891, 914, 1424 Salmon, Mr. Clarence; compensate, HR 96 ______________-309, 316, 350, 395, 536 Salt Water Crawfish; possession of, HB 1670 __________927, 941, 1037, 1215, 1617 Sanders, Honorable Doug; commend, SR 256 _..._--______.,,..___.______________-359 Santa Clause, City of; change
name, HB 1600 __.__.,,__.__________.______________.-......-919, 937, 1034, 1040, 1234 Savannah Beach; new charter, HB 1522 __..._..______.916, 933, 1030, 1040, 1223, 1474 Savannah Education Board; membership, HB 1467 ---..-.715, 728, 801, 808, 882 Savannah Municipal Court; define civil
jurisdiction, SB 324 ...._________________._____..__..........82, 104, 127, 144

INDEX

1963

Savannah Municipal Court Judges; retirement, HB 1093 ______._.____----494, 508, 641, 808, 880, 1478
Savannah Municipal Court; revise, consolidate, HB 1095 _----___--------.__._________108, 113, 126, 956, 1049
Schley County Ordinary; salary, HB 1069 _._._.____....108, 113, 125, 127, 147 Schley County Superior Court Clerk;
salary, HB 1068 _.________.________-._____._-.___--.107, 112, 125, 127, 147 Scholarships, Educational; General Assembly
administer, SR 277 .._..______--------_.----___..__.__..._----__637, 740, 746, 826 Scholarships, State; repayment
requirements, SB 366 _______.__.. ...._..------___--------_----__137, 186, 203, 227 Scholarships; to students in non-state
colleges, SB 86 ....... .__.__--___.__--______________________44, 88, 290, 1894 School Attendance, Compulsory; children with
equivalent education exempt, SB 378 ........______-__--___--_._----_----.180, 199 School Buses; specifications, HB 1603 ...... .......1335, 1350, 1513, 1527, 1735, 1889 School Children Census; study committee, SR 320 --____------_------__----___._. 1187 School Facilities, Obsolete; capital improvement, SR 323__--.......1188, 1374, 1621 School Food; exempt from sales tax,
Executive Order, HR 686 _.___--------_--------_.----.._ 1011, 1023, 1211, 1217, 1473 School Food Service Program, Georgia; commend, SR 260 _________________.....399 School Property Tax Digests; Revenue
Commissioner equalize, HB 734 ......______.___.__....._..743, 978, 1891 Schools, Public; General Assembly transfer
surplus property to, SR 207 .____._...._____....._........--------.__----102, 114 Schools, Public High; Freedom vs. Communism course
offered, SB 286 _____----__--_.___--------_________...........__________________ 9, 143 Schools, Public; oppose compulsory
assignment, SR 211 _____________________________________102, 115, 143, 205 Schools, Public; prohibit discrimination, HB 1651 .........___..--1098, 1164, 1203,
1374, 1785 Schools, Public; prohibit exclusions based on race,
color or creed, SB 541 ____.-.____-.____.__________._.--867, 942, 1213 Schools, Public; tenure law, SB 23 __._,,______________________________________._6, 128 Schools; state funds appropriated to reduce
local share, HB 1656 _____..__._______.....1338, 1352, 1514, 1527 Schools Study Committee, Private; create, SR 276 __......._..._--637, 740, 810, 897 School Superintendents, County; qualifications, HB 842 ________128, 176, 205, 208 School Superintendent, State;
compensation, HB 177 -___.-.__----._._.----___----_1175, 1199, 1361, 1527, 1766 School Systems; Federal funds needed, SR 222 ______________________________.182, 201 School Year; procedures for shortening, SB 379 __...____..____________181, 199
Screven County Sheriff; deputies, HB 1729 ________..1340, 1354, 1516, 1525, 1701
Secretary of State; compensation and allowances, SB 46 ________._____--.57
Secretary of State; furnish State flag to schools, HB 1139 _____________________________...........309, 315, 349, 524, 968
Security Refund; motor vehicle operator on death of depositor, HB 1128 _________________________309, 315, 349, 1683, 1813
Securities Act, Georgia; redefine "security", HB 1156 ___.__----______--.__------_------_925, 930, 1027, 1217, 1410
Securities Laws; sales, exemption, HB 1504 _________854, 861, 945, 1372, 1646, 1888
Securities, Registration; filing bond, change provisions, HB 1476 ___.__.___..--_________1176, 1200, 1362, 1523, 1765
Securities; valuation for trust funds, SB 319 _.__------81, 103, 243, 281, 502, 1895

1964

INDEX

Seminole County Superior Court Clerk; compensation, SB 540 ,,__.__.......__..841, 877, 956, 1046, 1104, 1885, 1898
Senate Personnel and Committees; amend SR 3, SR 344 __._-._._.1349, 1485, 1611 Senate Rules; adopt, SR 189 .._..__..__._...._._..__.___...___...........___..._16 Senate Rules; amend, committees study Governor's
nominations, SR 202 ............___..............__________.____82, 398, 456 Senate Rules; amend relating to executive sessions, SR 199 ...............-82, 398, 438 Senate Rules; amend relating to floor privileges, SR 89 _._-...._.._.___--..960, 1098 Senate Rules; amend relating to standing committees, SR 232 ._._..._-_.._..._196 Senate Rules; amend relating to votes, SR 271 ._-._....._.._----_........___.._... 506, 960 Senate Secretarial Pool; commend, SR 336 _.-....____.......___----_.._____-_---__....1498 Senate Study Committee; study SB 514; create, SR 314 ___________.____._____.___._._.__...1014 Senatorial Districts; change composition, SB 512 ..._.____-....636, 739, 810, 899,
1507, 1897 Sentence; credit for time spend in jail
by defendant, HB 1067 __. _ ____.________.._.._._____ 231, 235, 262, 352, 403 Servicemen's Wives; employment by state
agencies, HB 1023 .__._.___.___________.___923, 929, 1027, 1376, 1662 Sheriffs; minimum salary, SB 407 ......_____.__.._..__.._..__._......234, 261, 809 Shopping Centers on Private Property; police bring
charges for motor vehicle violations, SB 303 .____,,_---___..__-_,,_--______39, 55 Shrimp Possession; repeal provisions of
Act, HB 1373 ...._-..,,...,,_._..___......-..._.-.-.......__.927, 941, 1029, 1215, 1412, 1476 Simmons, Honorable Howard;
compensate, HR 636 .______-_..._..________.._...._______.____............ 852, 869, 952, 1213 Sisk, Mr. V. E.; compensate, HR 676 .___________....-....1342, 1358, 1519, 1522, 1758 Slaughter, Stanley; sympathy, SR 257 ............__....._________________..___368 Slow-Moving Vehicles; warning devices
required, SB 328 ___..________.___________101, 114, 203, 223, 1505, 1633, 1647, 1669, 1777, 1811, 1888, 1896
Slum Clearance; local government acquire and dispose of open land, SR 228 _____._...__......183, 201, 298, 368, 722, 907, 1896
Smith, Dr. James W.; compensate, HR 553 _______________.______.1342, 1359, 1519, 1522, 1744, 1890
Smyrna, City of; corporate limits, HB 1621 .__........1180, 1191, 1367, 1479, 1546 Smyrna Development Authority, Downtown;
establish, HR 844 _.____.--______..._____..__......1336, 1351, 1514, 1524, 1704 Social Circle, City of; increase corporate
limits, HB 1397 _..___-____._________.._.-___________._____850, 860, 945, 957, 1054 Social Security Benefits; urge changes, SR 265 _._-____._.-__.____421, 525, 758 Solicitors and Trial Judges; retirement fund,
allow law practice, SB 12 _______________________......... (No action in 1970) South Fulton Coliseum Authority; create, SB 444 _________ 341, 390, 397, 433, 461,
657, 1173, 1261, 1302, 1894 South Fulton Single Municipality Study
Committee; create, HR 846 ___._____._____1179, 1199, 1362, 1479, 1550, 1890 Southwestern State Hospital; change to Bainbridge
State Hospital, SB 333 ___________________...._.._108, 122, 129, 168, 856, 1895
Spalding County; fire districts, HB 1041 ___.__________100, 103, 115, 397, 431, 503
Spalding County Grand Jury; review officials' salaries, HR 617 ____________________.339, 346, 394, 651, 1079, 1475
Speed Detection Devices, Radar; prohibit use, HB 1227 __________________________________........339, 343, 391, 878, 999, 1186
State Agencies Physical Space Facilities Study Committee; create, SR 264 ____________..____._______.________421, 879, 966

INDEX

1965

State Agencies; publications sent only on request, SB 424 ,,...____.._._...__.____.____.__.____._____.._____._..258, 296

State Agencies; requisites for agreement with federal and local agencies, SB 409 .__...___.___._______....__..,._....._234, 262
State Agencies Space Facilities Study

Committee; create, SR 359 ......_..._________..._._.._._..._.-_....._...1512 State Arborist Board; create, HB 1033 _....._.._____..____-.1185, 1198, 1367 State Auditor; compensation, HB 214 _.__.___.______786, 793, 874, 1213, 1417,

State Board of Examiners, Psychology;

1504, 1668, 1677, 1779, 1809, 1845

number of members, SB 268 .___._.____________...1679, 1826, 1896 State Building Code; Industry & Trade Department
submit to 1971 General Assembly, SB 322 .._____._..._.-_...._..81, 104, 169 State Capitol; parking prohibitions, SB 440 ..._._._.--..._..---___.340, 389, 473 State Choir; North Fulton Special Choir, SR 321 ....__._.....__..1161, 1201, 1214,

State, Civil Action Against; employee

1418, 1886, 1898

negligence, HR 735 ._..._______......__________1335, 1352, 1514, 1685 State Division of Conservation; create in

executive branch, HB 1090 ....__._._._.._________.925, 929, 1027, 1213, 1410 State Drug Department; also known as Chief
Drug Inspector, SB 415 .__._...-_...__.__._.____._..__.._256, 295, 459, 693

State Employees, Contracting Hepatitis; benefits, SB 414 .___..__.__.___....._____________256, 294, 459, 703, 1885, 1897

State Employees; covered under minimum wage, SR 49 ._.--._.._...-_.....-_.__243 State Employees' Health Insurance; increase
participation limit, SB 310 _.._--_..._-__..._.-___.__..52, 83, 126, 151, 255, 333

State Employees' Health Insurance Plan Study Committee; create, SR 200 ._._.......-______-______...______._.-...,,______..82, 218, 244

State Employees; immunity from liability while performing duties, SR 93 ._____..___.___,,..__.._____.____......._..........._.................243

State Employees, Officers; procedures on sales to State, SB 446 _......._._.__....__._..-.-._....._...._._._._.... 341, 390, 745, 891, 914, 1424
State Employees, Officials; increase mileage allowance, HB 28 .._..-...._-_._.-.-._...._..__..._.........10, 396, 453, 856

State Employees; 26 pay periods per year, SB 210 ____..._........_...__________.242 State Employment; not denied servicemen's
wives, HB 1023 ___...___..___.__.___._.923, 929, 1027, 1376, 1662 State Government, Executive Branch;
limit employees, SB 351 ,,._....._._._._.....__._.__..._.._._..._....._. .112, 125 State House Officials Emeritus; rights on appointment
to other office, HB 509 ..........__....._-_..__..........___....._..____________......11

State Housing Goal; establish, SR 229 __.__......_..___.______183, 201, 298, 334

State Housing Goal; establish, HR 560 .-_.____.___.....__339, 346, 394, 810, 1000

State Instrumentalities; include in workmen's compensation definitions, SB 420 ......__.._.--....257, 296, 459, 480, 1510, 1897

State Militia; active duty, SB 107 .._._...__...._._._.___.....(No action in 1970)

State Officers, Elected; increase salaries and allowances, SR 195 _.._.....__.______...__.____.... __.___.41, 56

State Officials; compensation of certain constitutional officers, SB 68 ......__..._..._________..____...__.......____....7, 743, 835, 844

State Officials, Employees; ethical standards, SB 315 .__..____._____.___..___53, 84

State Officials; ethics code, HB 1155 ________________-854, 860, 944, 1483, 1641, 1678, 1809, 1826, 1847, 1863

1966

INDEX

State Officials; fee basis, repeal provision for reporting, HB 921 ...___.._________________.501, 507, 639, 1483, 1666
State Parking Facility No. 1; commend, SR 270 _..__...._._~_~_-____._.____627 State Patrol; arrests, warrants on State
property, HB 1509 ___________________________.855, 861, 945, 1215, 1768 State Patrol; traffic violation tickets be
numbered, SB 455 ________-_____--_______418, 468, 473, 528, 1506, 1897 State Patrolmen; five-day work week, HR 703 ~__...1013, 1024, 1211, 1215, 1660 State Projects; prevailing wage for employees, SB 242 _______________.--_,__.242 State Properties Control Commission;
W&A Railroad lease, HR 655 ________________.927, 941, 1037, 1043, 1311 State Property, Surplus; convey, HR 829 ______ .1177, 1198, 1363, 1484, 1658 State Scholarship Commission; repayment
requirements, SB 366 _______________......__..__________._137, 186, 203, 227 State Superintendent of Schools,
compensation, HB 177 __________________..__.....1175, 1199, 1361, 1527, 1766 State, Taxes Due; interest rates, HB 1078 ________.462, 466, 519, 521, 1175 Statutes; construction of time, legal
holidays, HB 1292 ____________________________.___________..462, 467, 519 Stephens County City Court; officials,
compensation, HB 1551 ....________________.1179, 1191, 1367, 1480, 1534 Stephens County Commissioners; add
member, HB 1516 _______________________.____785, 797, 876, 956, 1052 Stephens County Commissioners;
delete clerk, HB 1330 __________..______.....________380, 387, 427, 523, 680 Stephens County Commissioners; terms, HB 1181 _____.193, 198, 218, 242, 271 Stephens County Education Board;
election, HB 1334 __________,,_____...___________381, 388, 427, 523, 681 Stephens County Ordinary; salary, HB 1333 _____381, 388, 427, 523, 669, 789 Stephens County Sheriff's Office;
salaries, HB 1331 ________________________381, 387, 427, 523, 670, 789 Stephens County Superior Court Clerk;
salary, HB 1332 ___...__________.____________.381, 388, 427, 523, 669, 789 Stephens County Tax Commissioner;
salary, HB 1265 _______________..__.......______....714, 727, 800, 808, 887 Sterilization, Voluntary; authorize, HB 255 ________.1162, 1202, 1218, 1469 Stolen Goods; law enforcement officials seize
without warrant, SB 447 ____________________.__.__--...342, 390, 811 Stone Mountain Judicial Circuit Superior
Court Reporters; payment, HB 1393 .........___.______________495, 510, 642 Story, Mr. Frank K., Jr. and Mrs. Fan Young
Story; compensate, HR 604 ___________________463, 467, 520, 521, 707 Strain, Mr. Charles J.; compensate, HR 520 ___________851, 867, 951, 1038, 1314 Street Sweeping Ordinance Study Committee; create, SR 220 _______.........._138 Student Honors Program; open to private
school students, HB 1134 ___..____________________.254, 260, 297, 397, 441 Subrogation, Right of; relating to, HB 1019 __.___________.___291, 294, 320 Subversive Groups; prohibit use of State
education facilities, SR 315 _________________._____...______________.1001 Subversive Groups; Senate oppose use of State
education facilities, SR 324 .__________..________.___1188, 1530, 1738
Summerville, City of; Mayor and Records Court, HB 1606 .____._________.__....849, 867, 950, 957, 1059
Sunday Business Activities; prohibit, provide for exceptions, SB 81 _________._______________.____,,____.7, 242

INDEX

1967

Superior Court Clerks Retirement; delinquent payments, HB 1061 _____________________________--254, 259, 297, 1485, 1617
Superior Court Clerks; destroy dismissed pleadings, SB 529 _________.....__._.___._____________790, 871, 1684
Superior Court Clerks; invest funds, Registry, HB 1737 -.._____._______-__....______1344, 1360, 1518, 1524, 1878
Superior Court Clerks; revise fees, SB 74 .___..__.__..._.....___1677, 1788, 1896 Superior Court Judges Emeritus; serve in any
judicial circuit, HB 1206 ___.___________714, 732, 804, 1683, 1812, 1875 Superior Court Judges Emeritus;
widows' benefits, SB 9 ......_--_....__------___._._.._..(No action in 1970) Superior Court Judges Emeritus; widows'
benefits, HB 1077 ___________________________786, 794, 874, 1485, 1627, 1891
Superior Court Judges; reimbursed for service in other circuits, HB 1207 _...__..._....____..__..1176, 1198, 1363, 1684, 1768
Superior Court Reporter Emeritus; eligibility, SB 352 ...........__._.....___......__._.._.______119, 140, 285, 526
Supervisor of Purchases; allow agencies to make certain purchases, SB 372 __._.___._.138, 187, 352, 406, 1507, 1896
Supervisor of Purchases; certain purchases, annual contract, SB 373 ..._._.._........._._...._....138, 187, 352, 407, 1507, 1896
Supervisor of Purchases; compensation, qualifications, SB 371 ._..._.-_,,__....._.-__..._.__._._____--.__.___--138, 186
Supervisor of Purchases; distribution of purchase requests, SB 370 _________________________137, 186, 352, 405
Supervisor of Purchases; Workmen's Compensation expenses not charged to State Departments, SB 419 _.__.257, 295, 459, 479, 1510, 1897
Supreme Court Justices; members of Employees' Retirement System, certain cases, HB 1088 .._.........723, 735, 807, 1485, 1664
Supreme Court Justices; salaries, SB 26 ...... _______________________384, 399, 630 Surplus Property; General Assembly transfer to
schools, SR 207 ..._________________......______..______._____._____102, 114
Surplus Property; transfer to agency for surplus property, SB 265 .__.__________________________...... 352, 400, 1674, 1894
Surplus State Property; convey, HR 829 ____________.1177, 1198, 1363, 1484, 1658 Surplus Vehicles; certificate of title
issued, HB 1096 __________________________________.......786, 794, 874, 954, 1238 Sylvester City Court; change name, HB 1423 ____________784, 796, 876, 956, 1051 Sylvester, City of; extend utility services, HB 1424 __..._____________.499, 513, 645

T
Talmadge, Senator Herman; address joint session, HR 515_______________________ 22, 44 Tattnall County; compensate, HR 554 ___..._.___.__-852, 868, 951, 1037, 1316 Taxation; exempt burial property, SR 217 __________________ 112, 125, 126, 165 Taxation of Banks Study Committee; create, SR 335 _____.__._..______-1349 Taxation of Net Income; conform to Internal
Revenue Code, HB 1370 ___________________________-854, 860, 944, 1216, 1471 Taxation of Property; personal property
returns exempt, HB 1456 _________________-_____________855, 860, 945, 1217, 1470 Tax, Ad Valorem; exempt certain motor vehicles,
Executive Order, HR 684 _..___.__._.__. _______1011, 1023, 1210, 1217, 1472 Tax, Ad Valorem; exempt certain non-profit
corporations, HR 204 _______________.____________________ 352, 1305, 1505

1968

INDEX

Tax, Ad Valorem; exempt churches' motor vehicles, HR 722 ____________________________________________923, 940, 1036, 1217, 1493
Tax, Ad Valorem; exempt non-profit hospitals, HR 659 ___________--_------____..417, 424, 472, 745, 986, 1186, 1286
Tax, Ad Valorem; exempt persons 65 or older, SR 53 _____(No action in 1970) Tax, Ad Valorem; exempt stored peanuts, HR 519 .__--__.923, 940, 1036, 1217, 1421 Tax, Ad Valorem; homestead exemption, dependents
in private school, SR 227 _____..___________,,___________.____________182, 201, 743 Tax, Ad Valorem; household exemptions, HR 544 ________________.. 290, 294, 320,
396, 1485, 1891 Tax, Ad Valorem; property in transit exempt, SR 17 _______.___---............243 Tax, Ad Valorem; tangible personal property
separate classification, SR 216 ___________..__112, 125, 126, 163, 1511, 1898 Tax, Alcoholic Beverages; to Health Department
for alcoholics, SR 71 __________._____________________116 Tax, Amusement; cities and counties levy, HB 813 ______.______--_------11 Tax, Amusement; counties impose on movie
admission, HB 1039 ___------------_______________..........179, 184, 202 Tax, Amusement; municipalities impose on movie
admissions, HB 1038 _____--._____________________________179, 184, 202 Tax Arbitration; provision for appeal of
decision deleted, SB 483 _____-_______._,,________________466, 519, 649, 760 Tax Assessment Arbitration; decision
binding, certain cases, SB 192 _.___...______________._________________7 Tax Assessors Board; mail notices, HB 1520 _______________________924, 933, 1030,
1372, 1666 Tax; counties levy for ambulance
service, HB 1521 ____________________________.855, 861, 946, 1217, 1489, 1505 Tax Digests, Counties; classes of property within
county be uniform, SB 478 ______________________465, 518, 649, 759, 1885, 1894 Tax Digests, Counties; Revenue Commissioner
check for uniformity, SB 341 __________________110f 123, 126, 172, 1884, 1896 Tax Districts, County; General Assembly create, SR 292 _____._._______.__793, 873 Tax, Excise; allow cities and counties
to levy, HB 1318 _________________-1013, 1163, 1204, 1216, 1603, 1675 Tax, Excise; on malt beverages, HB 1735 __________1343, 1355, 1517, 1523, 1769 Tax; impose on obscene materials, HB 1040 _____179, 184, 202, 458, 983, 1174 Tax, Income; change rate on individuals, HB 100----1097, 1162, 1202, 1217, 1489 Tax, Motor Fuel; exempt certain fuel, HB 1002 ____.__.289, 293, 319, 322, 362 Tax; real tangible property separate
classification, SR 193 ._--__--.._----------_____...___-_____------____41, 56
Tax Receivers; record exempted property in digest, SB 340 ____--------_______________ __._______110, 123, 126, 172, 1884, 1896
Tax, Sales: See Sales Tax
Tax, School Property; Revenue Commissioner equalize, HB 734 ___________________________________________________._743, 978, 1891
Tax Stamps, Tobacco; obtained on account, HB 1496 ____------1173, 1189, 1370. 1523, 1765
Tax, State Income; exempt certain retirement income, SB 290 .______________________________________________________________5, 218, 286
Taxes Due; counties enact ordinances for payment, SB 342 ________________________.._______.___--110, 123, 126, 206
Taxes Due State, Counties; interest rates, HB 1078 __________________________462, 466, 519, 521, 1175

INDEX

1969

Taxes, Occupational; cities and counties exempt government employees, HB 1460 ______________________.1010, 1016, 1205, 1372, 1618
Taxes on Certain Leases; exempt from by Executive Order, HE 687 _.____...__._._._._.___1011, 1024, 1211, 1217, 1471
Taxicabs; sales tax on gross receipts, HB 1696 ___..1174, 1189, 1365, 1523, 1764 Taylor County Ordinary; compensation, HB 1745 __-____._______1341, 1358, 1518 Taylor County Sheriff's Office;
compensation, HB 1571 __.__..................__......_____--____.____849, 866, 949 Taylor County Tax Commissioner; compensation, HB 1570----________ 848, 866, 949 Teacher Allotment; Minimum Education Foundation
Program, SB 13 ____________________________________------ (No action in 1970) Teacher Allotment; amend Minimum Foundation
Program, HB 1086 --.._____.__________--___............1009, 1015, 1200, 1527 Teacher Allotment; amend Minimum Foundation
Program, HB 1340 ......................__________________...............720, 732, 805, 810 Teacher Certification; national teachers examination
used as basis, SB 377 __________________________________._..___..___._.------180, 199 Teachers; annuity contracts on transfers, HB 1326 ------382, 386, 426, 651, 975 Teachers; appeals provision when contract not
renewed, HB 1338 .___.__.,,.___.__.._._._._...............1171, 1186, 1368, 1374 Teachers Examination Study Committee,
National; create, HR 878 ____________________________ ..1338, 1357, 1685. Teachers; sick leave, HB 1339 _____.______.______..__________1171, 1187, 1368, 1374, 1661 Teachers Study Committee; create, SR 313 __________..--_-__-____-_____.__1014 Teachers Study Committee, Joint;
create, SR 312 _________________________.997, 1027, 1214, 1419, 1887, 1898. Teachers; discontinuance of Life
Professional Certificates, HR 625 ____....._._._._.....__...........212, 215, 810, 967 Teachers' and Employees' Retirement;
increase benefits, HR 624 ___________________------..787, 797, 876, 1485, 1629,. 1675, 1739
Teachers' Retirement System; benefits before age 62, HB 173 ______--------.-527 Teachers' Retirement System; credit for
out-of-state teaching, SB 358 ____________________________,,_--120, 141, 526, 685, Teachers' Retirement System; credit for pay from
University System, HB 1226 _________________-1098, 1163, 1203, 1529, 1752 Teachers' Retirement System; eligible after 30 years
service, SB 331 _______________________----------._.---..-___--___101, 114, 745. Teachers' Retirement System; increase benefits, SR 22 ____.___.___,,_.__----__267 Teachers' Retirement System; investment of funds, SB 4 _._____........ __....143 Teachers' Retirement System; post-retirement
benefit changes, SB 71 __________._-__.._____________________________-- 267 Teachers' Retirement System; redefine earnable
compensation, HB 171 __.___.______.____..____________________...__......_..267 Teachers' Retirement System; redefine
terms, SB 359 ________.__....................__.......__121, 141, 527, 688, 1677 Teachers' Retirement System; General Assembly
use available funds, SR 226 ________________.____________121, 133, 142, 267
Telephone Center Ladies; commend, SR 310 _.__.____________________________..1090
Television; advertise alcoholic beverages on closed circuit, SB 209 __________________________________________________------242
Temple, Town of; corporate limits, HB 1673...___ 1007, 1022, 1209, 1480, 1555 Tenants, Proceedings Against; change procedures, SB 539 __________________792, 873. Tenure Law; personnel of public schools, SB 23 _._______.._____.__________..6, 128 Terrell County Sheriff; salary, HB 1214 ______..._...__...230, 236, 263, 320, 357

1970

INDEX

Thomas County Commissioners; create, HB 1495 ___.__..784, 796, 876, 1218, 1381 Thomas County Sheriff; salary, HB 1449 ____..___.....501, 516, 647, 650, 755 Thomaston, City of; ad valorem tax, HB 1367 .__.___...494, 509, 641, 650, 751 Thomaston, City of; extend corporate

limits, HB 1368 ..-.__._____-._.... ______________________.495, 509, 642, 650, 751 Thomaston Tax Commissioner; receive

returns, HB 1659 ____________________________...1006, 1021, 1209, 1482, 1544 Thomaston-Upson County Tax Assessors;

consolidate, HE 664 ______________________________503, 516, 647, 651, 1087 Thomaston-Upson County Tax Assessors;
merge, HB 1366 _________________.____....__________494, 509, 641, 650, 750 Thrasher, Brown; State Bird, HR 694 _.____... 926, 940, 1036, 1216, 1813, 1891 Thunderbolt, Town of; officials, vacancies, HB 1239 ............336, 343, 391, 397, 429 Ticket Sales, Athletic Events; prohibit sale in excess

of printed price, HB 1032 ______________________.......854, 859, 944, 1372, 1662 Tift County Agricultural Museum; endorse, SR 252 __.__........314, 522, 757, 926 Tifton, City of; commissioners, HB 1524 __________.723, 736, 808, 956, 1052, 1164 Tires on Motor Vehicles; restrictions, SB 438 _.__._......._....___..____._._____312, 348

Tires on Motor Vehicles; restrictions on cleats, spikes, HB 1189 ___________.....................__________383, 386, 425, 526, 996, 1502
Tobacco Advisory Board; change memberships, SB 293 ______________ 20, 42, 57, 93,

340, 359, 460 Tobacco; Agriculture Commissioner find
substitute crop, HR 609 _______............__,,.__________________.....194, 198

Tobacco Dealers; tax stamps obtained on account, HB 1496 _____________________________1173, 1189, 1370, 1523, 1765
Tobacco Farmers; use approved pesticides, HR 761 _...____722, 736, 808, 1492 Tobacco Marketing Commission; urge 3
additional members, SR 187 ______________________.21, 43, 57, 96, 311

Tobacco, Sale of; redefine selling season, SB 291_____19, 42, 57, 92, 255, 460 Tobacco; urge Agriculture Department reassess
methods, SR 184 _________________________.__............ 21, 43, 57, 95, 311 Tobacco; urge Agriculture Secretary lower yield goal,
increase acreage, SR 188 _..___-_______.____--___________-22, 43, 57, 97, 311 Tobacco; urge farmers plant old-line varieties, SR 185 __....... 21, 43, 57, 96, 311 Tobacco; urge Marketing Committee to increase

sheet weight limit, SR 183 __________________._____..21, 43, 57, 95, 311 Tobacco; urge Warehouse Association police
tobacco sales, SR 186 __________________________________.__21, 43, 57, 96, 311

Tobacco Warehouses; insurance coverage, HB 1238 ____462, 467, 519, 648, 1409 Toccoa, City of; extend city limits, HB 1381 _________416, 423, 472, 522, 673

Tort Cases, Minors; settlement procedure, SB 543 ______-858, 942, 1042, 1237

Tourism Study Committee; create, SR 337 __...._________...____....1349

Towns County; commissioner districts, SB 494 ______...___.633, 737, 742, 812, 1338

Towns Industrial Development Authority;

create, HB 1582

_____________________.917, 935, 1032, 1040, 1231

Tractors, Farm; regulate sale of, SB 488 ........_____________505, 638, 648, 760,

1502, 1655, 1896

Trading Stamps; prohibit coercive techniques to force use of, SB 516 _________________.__________...........__.724, 798

Trading Stamps; prohibit with gasoline sales, SB 465 ._........___.420, 470, 652

Trading Stamp Study Committee; create, SR 332 .....___......._.._...----...1349

Traffic Safety Study Committee; create, HR 614 __________________________________1177, 1198, 1363, 1685, 1874

INDEX

1971

Traffic Violations; change point system, SB 431 -_____..._.__--...292, 318, 352 Traffic Violations; point system, SB 272 __________.__.--.(No action in 1970) Traffic Violations; State troopers tickets
be numbered, SB 455 __.____.__.________- 418, 468, 473, 528, 1506, 1897 Trailers, House and Auto; fees for operation of, SB 551 ..........--...__...--858, 943 Transit System Buses; size and route
limitations, SB 356 _______________________.__................___.120, 141, 144, 200 Transit Systems; special fare to 65 year olds, SB 557 -__..........._.,,.._...903, 943 Transit Systems, Urban; exempt fares from sales
tax, HB 1101 ________________..______..__.......__.213, 235, 263, 396, 439 Transit System, Urban; ratify Executive Order on
sales tax, HR 545 .._..._.._.........._._......._..........._.._.._._.._._...._.. 232, 238, 265, 396, 439 Transit System; exempt from sales tax, Executive
Order, HR 685 ------------------------_____________________.1011, 1023, 1210, 1217, 1473 Transportation and Highways, Department of; create, SB 391 .------__195, 216, 406 Transportation Study Committee; create, SR 273 __._______ 506, 639, 746, 826,
1886, 1898 Trees, Plants, Produce of; property of
land owner, SB 294 ________________________________._._______.20, 42, 351 Treutlen County Sheriff; salary, HB 1283 ___..__.__.__. 337, 346, 393, 397, 430 Trial Judges, Solicitors Retirement; court
reporters eligible, SB 56 ______________________.____...............__...267 Troup County Commissioners; salary, HB 1385 ..._._.___.416, 423, 472, 522, 673 Troup County-LaGrange School Systems;
merge, HR 639 ________________________________..339, 347, 394, 397, 447 Troup County Tax Commissioner; powers and
duties, HB 1358 ___________.-_-______________.....504, 507, 640, 954, 1304 Truck Drivers; use far right lane on public
highways, SB 336 _____________________________......109, 122, 266, 305 Trucks, Motor Vehicles; loads must be secured, SB 385 .....__-182, 200, 266, 301 Trustees; compensation, SB 326 __,,__--_____________....100, 113, 129, 189 Trustees, Estates; fees for delivery of
property, SB 321 _________________________..81, 104, 129, 168, 1506, 1654, 1895 Trust Fund Investments; fiduciary investment
companies, SB 318 _.___------________..............80, 103, 299, 322, 1617, 1656, 1895 Trust Funds; valuation of certain securities, SB 319 ____----.---- 81, 103, 243, 281,
502, 1895 Trust Institution; define, administer common
trust funds, HB 1481 __.._----_------_..________.........723, 736, 807, 954, 1310

u
Unclaimed Dead Bodies; pay for distribution of, HB 1613 ________...__....__.........922, 938, 1034, 1167, 1299
Uniform Airports Act; acquisition of buffer zone property, SB 484 .__.________.____.._______-504, 638
Uniform Consumer Credit Code Study Committee; recreate, SR 205 ___________________83, 219, 245, 417, 1898
Uninsured Motorist Protection; unknown owner, SB 542 ......__________________._____________________-.857, 942
Union County Industrial Development Authority; create, HB 1502 ________________________._-_____717, 730, 803, 809, 885
Union County Ordinary; compensation, HB 1503 __..........717, 730, 803, 809, 885

1972

INDEX

Union Station Downtown Development Corporation; create, HE 740 _-__.-__..________._._________.....1345, 1360, 1520, 1528, 1849
U.S. Constitution; ratify 19th amendment, SE 304 __.__......928, 959, 1026, 1258,
1506, 1898 U.S. Constitution; urge amendment,
judges' terms, SE 239 _______._________-________________.________.-_214, 1042, 1287, 1334 University of Georgia Dairy and Science Club;
commend, SE 293 ________._.....________..........__._.__._.____.__._________825 University of Georgia Law School; add
professorship, SE 212 ...._____________.......______________.___________112, 125 University System of Georgia Study Committee; create, SE 330 ._---...--..1349 Unsolicited Merchandise; deemed a gift to recipient,
certain cases, SB 513 _____________._______636, 739, 741, 831, 1838, 1852, 1897 Upson County Chief Deputy Sheriff;
compensation, HB 1660 _____,,.________--___.....1007, 1021, 1209, 1482, 1545 Upson County Commissioners; compensation, HB 1658 _________.1006, 1021, 1208,
1482, 1544 Upson County Commissioners; powers and
duties, HB 1661 _______..________-_______-__1007, 1021, 1209, 1482, 1558 Upson County-Thomaston Tax Assessors;
merge, HB 1366 ____.._________________-..___________________494, 509, 641, 650, 750 Upson County-Thomaston Tax Assessors;
consolidate, HE 664 __________________________.......503, 516, 647, 651, 1087 Urban Eedevelopment Law; housing authority
bonds, interest rates, SB 473 _________._____.464, 517, 521, 694, 1886, 1894 Urban Eedevelopment Project; certain open land
acquired within definition, SB 381 ____.....................___.181, 200, 298, 324 Urban Eedevelopment Property; cities dispose of
without bids, SB 384 ......________.___.____._182, 200, 298, 325, 788, 900, 1895 Urban Transit Systems; exempt fares from
sales tax, HB 1101 __________________________________ .231, 235, 263, 396, 439 Urban Transit System Sales Tax; ratify
Executive Order, HE 545 ........__.._.._-__._______________232, 238, 265, 396, 439 Urban Transit System; size and route
limitations, SB 356 .__.._._...___....___________...._....____.......120, 141, 144, 200

V
Valdosta; corporate limits, HB 1705 __.....................1180, 1194, 1370, 1481, 1553 Vanover, Coach Marvin; commend, SE 288 ........____.____.______________.825 Venable, Honorable John H., M.D.; commend, SE 210 ..._________________105, 194 Venereal Disease, Treatment for; minors,
consent, SB 482 ___________________________________465, 518, 525, 761, 1677, 1780, 1897 Veterans, Disabled; automobile tags, SB 347 ____.....___-.-111, 124, 143, 191,
1674, 1736, 1896 Veterans, Disabled; homestead exemption, HE 587 ..-- -...232, 238, 265, 954, 1289 Veterans, Disabled; increase homestead
exemption, SE 224 _____----_._.___________________..__----139, 187, 218, 245 Veterans, Disabled; honorary driver's license issued
to spouse, SB 343 _______________________..____........110, 123, 143, 190, 1886, 1896 Veterans, Disabled; motor vehicle license
tags, HB 746 _______________________________________..........338, 342, 390, 524, 967 Veto by Governor; change procedure for
overriding, SE 43 _,,._____________________________....1506, 1670, 1746, 1897

INDEX

1973

Vetoes by Governor; communication received --__-__.__._....__._..._____________ 13 Vidalia High School Football Team; commend, SB 300 ._._____...__.________840 Voluntary Sterilization Act; HB 255 ______.______.__._________.__1162, 1202, 1218, 1469 Vonier, Mr. William C.; compensate, HR 691 ________1342, 1358, 1519, 1522, 1757 Voter Registration; change requirements, HB 1361 ~_._..._. 502, 508, 640, 743, 998

w
Wage, Minimum; certain employees, HB 696 ________..1346, 1359, 1514, 1528, 1815, 1826, 1837, 1838, 1851, 1858, 1887
Walker County Commissioners; compensation, SB 402 .-_-___________._________'._233, 261, 320, 354, 719, 782
Walker County Ordinary; personnel, salaries, SB 295 ____20, 42, 58, 85, 135, 177 Walker County Sheriff; compensation, SB 401 -___233, 260, 320, 353, 719, 782 Walker County Superior Court Clerk;
personnel, salaries, SB 296 -______-_____-_-_______.____--__.20, 42, 58, 86, 135, 177 Walker County Tax Commissioner; personnel,
salaries, SB 297 _________________________________________ 20, 42, 58, 86, 135, 177 Walton County Commissioners; election, HB 1315 _._______-380, 387, 426, 650, 749 Walton County Coroner; compensation, HB 1316 _____ _________380, 387, 426, 650, 749 Ward, Senator Horace; statement on SR 324 ________-______....__________.....___. 1854 Ware County Commissioners Chairman;
compensation, HB 1736 _______________.__________________________._1341, 1356, 1517, 1525, 1699 Ware County; redevelopment, municipality
mean county, HB 1697 __.________________,,_ 1182, 1193, 1371, 1525, 1698 Ware County Sheriff; powers, HR 843 ___________________1008, 1025, 1212, 1479, 1566,
1679, 1792 Ware County; tax offices, consolidate, HR 869 ___________.__-1178, 1196, 1369,
1526, 1720 Warner Robins; corporate limits, HB 1647 __.___._-_-1006, 1020, 1208, 1525, 1697 Warning Devices; required on slow-moving
vehicles, SB 328 _______________________________ ___.____101, 114, 203, 223, 1505, 1633, 1647, 1669, 1777, 1811, 1888, 1896
Warranties; third party beneficiaries, HB 1506 __________________ 1010, 1017, 1205 Warrants; arrest proceedings, affidavit
form, HB 1576 ____________________________________.____._1176, 1200, 1362, 1483, 1764 Warrants, Issued by Pardon and Parole Board;
parole officers execute, HB 1129 ___________.___1012, 1015, 1200, 1484, 1665 Warren County Commissioner; compensation, SB 568 ____.._1103, 1202, 1219, 1389 Warren County Ordinary; compensation, SB 566 __________1102, 1202, 1219, 1388 Warren County Sheriff; compensation, SB 567 _______._. _________ 1103, 1202, 1219, 1388 Warren County Superior Court Clerk;
compensation, SB 565 _______._._______________,,______._________ 1102, 1201, 1219, 1387 Washington County Education Board; add
members, HB 1730 __________________________________ ..1340, 1355, 1517, 1525, 1701 Washington County Sheriff; additional
deputies, HB 1731 __.__,,___._______,,_,,________.__ 1341, 1355, 1517, 1525, 1700Washington County Tax Commissioners;
salary, HB 1193 ..____,,____________________________.___- 229, 236, 263, 320, 356 Watercraft; maximum capacity be displayed, SB 433 ____....__. 292, 319, 351, 478 Water Resources Department, State; create, SB 201 _____,,__. (No action in 1970) Water Sales; clarify sales tax exemption, HB 1322 ___________787, 795, 875, 954, 1309 Watson, Honorable Bill; sympathy, SR 348 __________________________________1498

1974

INDEX

Waycross Judicial Circuit; additional superior court judge, SB 545 ___________________.________________________842, 877
Waycross Mayor; compensation, HB 1698 _______.1182, 1194, 1371, 1525, 1698 Wayne County Hospital Authority;
membership, HB 1396 __,,__,,___________________495, 510, 642, 742, 822, 1175 Wayne County-Jesup; convey property, SR 259 _-__________-421, 471, 524, 685 Wayne County; selection of legal organ, SB 292 ____________...20, 42, 58, 87 Wayne County; select legal organ, SR 245 ______________-313, 348, 397, 443 Webb, Senator Julian; statement on HB 864 ____________________________________964 Webster County Commission Clerk;
compensation, HB 1746 _______________________1341, 1358, 1519, 1525, 1699 Wegerk, Mr. Dave; sympathy, SR 356 _____...____________________1668 Wegerek, Honorable Dave; sympathy, HR 1012 _________________1674, 1739 Welcoming Guests; 6th Senatorial district, SR 190 _________________--18 Welcoming Guests; 6th Senatorial district, SR 213 ____________________105 West Jackson County Fire District;
create, HR 814 ___________________________1012, 1025, 1212, 1481, 1508, 1600 West, Mr. James; compensate, HR 673 ________.__1357, 1519, 1522, 1760 West Point; change corporate limits, HB 1154 _____784, 795, 874, 1039, 1226 West Point Mayor and Aldermen; convey
property, HB 1153 _________________.._______________192, 196, 217, 241, 269 Westville; tourist attraction, historical
commission, SR 250 ________________________________..______313, 522, 758, 1474 Wheels, Motor Vehicles; restrictions on cleats
and spikes, HB 1189 ,,_,,____,,_____,,_________383, 386, 425, 526, 996, 1502 Wheels on Motor Vehicles; restrictions, SB 438 ______________________.312, 348 Whitaker, Mrs. Hazel Thompson;
compensate, HR 701 ___________________________1342, 1358, 1520, 1522, 1755 White County Commissioners;
create board, SB 515 _______________._______724, 797, 808, 881, 1503, 1634, 1896 White County High School Girls' Basketball
Team; commend, SR 325 _,,__,,,,,,__,,___,,,,_.___________________________1332 White, Lt. W. I.; speedy recovery, SR 352 ____________________________ _____________1667
Whitesburg, Town of; officials, qualifications, HB 1728 _,,_,,,,_____,,_,,,,__...1340, 1354, 1516, 1525, 1699
Wildlife, Contraband; disposal of, HB 1375 ___________.924, 932, 1029, 1215, 1470 Wildlife, Contraband; Game and Pish Commission
dispose of, SB 432 ____________________________________________.____292, 318, 351, 478 Wilkes County; public funds used for industrial
development, SB 511 _,,_____,,,,,,_,,_,,__,,__,,__636, 739, 742, 816, 1184, 1896 Wilkes County; relating to public works
camp, SB 528 ______________________,,________.___________________________726, 799, 955 Wilkes County Small Claims Court; enlarge
jurisdiction, SB 449 ______________.____.____._______384, 424, 522, 672, 921, 1895 Wilkes, Honorable Wilson B.; sympathy, SR 206 _________________________ ______85
Wilkinson County Small Claims Court; create, SB 546 __________________________._____858, 942, 956, 1048, 1502, 1898
Wilkinson County Small Claims Court; create, HB 1681 ______________________________________________1181, 1192, 1364
Wilkinson County Small Claims Court; create, HB 1543 ________-______,,_-_____________ 916, 943, 1031
Williams, Mrs. Roy R.; commend, HR 611 ______________________________________________194, 204
Wilson, Dr. Grady; welcome, HR 581 _________________..._______________________119, 131
Winder-Barrow County School Systems; merge, HR 730 _,,,,_,,,,_,,__,,__,,_________________ 850, 870, 953, 957, 1081

INDEX

1975

Withholding Tax; time for payment by employer to Commissioner, HB 864 ___________________________________._____.__._12, 396, 962, 1891
Women's Clubs, Georgia Federation of; commend, SR 260 ______________________........____________,,____________.,,___,,___________._ ___399
Wood, Mr. Hubert R.; compensate, HR 586 ___.______._._________.___._462, 467, 520, 521, 706 Woodbury, City of; corporate limits, HB 1562 _______________.____785, 797, 876, 956, 1052 Word, Dr. J. J.; compensate, HR 302 ___________________________1342, 1359, 1519, 1522, 1761 Workmen's Compensation Board; employees under
merit system, SB 312 _______________________________________ 53, 83, 299, 322, 504, 705, 712 Workmen's Compensation; include state instrumentalities
in definition, SB 420 ____-_-_-_-______-__-____.____________________257, 296, 459, 480, 1510, 1897 Workmen's Compensation; planning commission
provide for employees, HB 1166 ___________________________309, 315, 349, 458, 481 Workmen's Compensation; supervisor of purchases expenses
not charged to state departments, SB 419 ____257, 295, 459, 479, 1510, 1897 Workmen's Compensation; two permanent
injuries, benefits, HB 847 ________________________.___..____338, 342, 391, 1219, 1409
Worsham, Mrs. Juanita W.; compensate, HR 605 ___________ 310, 317, 351, 395, 546 Worth County Ordinary; compensation, HB 1672 _______ 1007, 1022, 1209, 1482, 1536 Worth County; settle claims, HB 1426 ___________________________.....499, 514, 645, 742, 820 Worth County Sheriff; compensation, HB 1676 ___-___.____1007, 1022, 1210, 1482, 1533 Worth County Superior Court Clerk;
compensation, HB 1671 ____________________________1007, 1022, 1209, 1219, 1385, 1477
Worth County Tax Commissioner; levy fi fas, HB 1425 __________________________._______________499, 514, 645, 742, 820
Worth County; tax offices, consolidate, HB 1473 ____________915, 932, 1030, 1040, 1226 Wrecker Drivers; clear debris from accident
scene, HB 1071 __________________________________501, 507, 640, 811, 986, 1041, 1302, 1508 WSB Radio; commend, SR 260 _______________________________________________________________________399 Wynn, James H.; commend, SR 268 __________________________________________.____.________________452

Y

You, Mr. Hubert; compensate, HR 693 __________________._____.___853, 869, 952, 1038, 1326 Young Harris, City of; elections, SB 495 _____________.______633, 737, 742, 812, 1677,
1742, 1897 Youth Council, Georgia; commend, SR 231 _____.______________,,_____________________________188
z

Zipperer, Mr. and Mrs. James Forrester; congratulations, SR 361 ________________,,__._.____________.______....__....__._.___.____________________1872

1976

INDEX

PART II

SENATE BILLS AND RESOLUTIONS

SB

4--Teachers' Retirement; investment of funds ...._.__-____________143

SB

5--Employees' Retirement System; investment of assets _______143

SB

6--Employees' Retirement System; federal employment ___..___.___.267

SB

7--Marriage Licenses; consent for pregnant females No action in 1970

SB

9--Superior Court Judges Emeritus; widows' benefits No action in 1970

SB 12--Solicitors and Trial Judges; retirement fund, allow law practice ____________,,_______.____.___....__________...___.No action in 1970
SB 13--Minimum Foundation Program of Education;

teacher allotment ..___..__--.......____..._.___._._.No action in 1970 SB 14--Garnishment; exempt all salaries _....__.__.._._.___1678, 1782, 1896 SB 15--Civil Cases; money damages, provide which court .________.__._.._____._ 84 SB 23--Public Schools; tenure law ____________________..........____________._6, 128 SB 26--Justices, Supreme and Appeals Courts; salaries ___.____384, 399, 630 SB 29--Georgia Historical Commission; secretary, salary ______________6 SB 30--Insurance; Commissioner impose fines in lieu of revocation

of certificates .__.__----_-_.--_--_--_.-______________ No action in 1970

SB 40--Employees' Retirement System; prior service ___________________267

SB 45--Legislative Retirement System; provisions not

apply after Jan. 1, 1969 ______________________.........____.______267 SB 46--Secretary of State; compensation and allowances ______._-...-_--__...57

SB 48--Insurance; licenses of agents, expiration of ______._...-1216, 1407 SB 49--Real Estate Brokers; licenses, expiration of _.__.____._-.1216, 1408

SB 56--Trial Judges and Solicitors Retirement; court reporters eligible ..........______.__......._..._....._.__......._..___________....__.....267
SB 58--Employees' Retirement System; prior service credit _________.____267 SB 60--Employees' Retirement System; prior service credit
armed forces ______________________________________________ No action in 1970

SB 64--Georgia Industrial Loan Act; program of consumer information _________.......__......_......___......._______________________.6, 242

SB 65--Legislative Retirement System; twenty years' service, eligible age 65 _.__.___.....___.___.___________.......No action in 1970

SB 66--Fulton County; compensation of sheriff ______________________ 502, 890, 1166

SB 68--State Officials; compensation of certain constitutional officers __________________________________________7, 743, 835, 844

SB 69--Employees' Retirement System; superior court judges continue membership ____________________________.___ No action in 1970
SB 71--Teachers' Retirement; post-retirement benefit changes ______267 SB 72--Criminal Code; amendments to _______________________...____.1678, 1797, 1809 SB 74--Superior Court Clerks; revise fees _______.__.____________.__1677, 1788, 1896

SB 81--Sunday Business Activities; prohibit, provide for exceptions _,,_--___________--____--_------_____________________--.--__________7, 242

SB 82--Fluoridation; public water supplies, certain cities _.____7, 242, 287 SB 83--Probation Act; change designation of certain
officers __________________________.________.________-____________.._____-.No action in 1970

SB 86--Eminent Domain; amounts condemnees may draw on appeal to higher court.................._............_No action in 1970
SB 88--Contracts by Highway Department; periods of limitation of actions --.__----___-.-__-_. --_.._--______________ No action in 1970

SB 92--Driving Under Influence; percentage of alcohol found in blood _.___.------__--_._..__._.______...________.No action in 1970

INDEX

1977

SB 93--Interstate Compact on Juveniles; Georgia be a party to ____.__._._.._._______------________-_-No action in 1970
SB 98--Jury Duty; compensation by employer ------.__.._--_.------299, 325, 840 SB 101--DeKalb County; commissioners, election --------------1503, 1647, 1894 SB 107--Military Forces Reorganization Act; active duty
of State militia --._--__--------------___.------.__.. No action in 1970

SB 122--Motor Vehicle License Tags; partial credit on second purchase _.__----------------___..__-___-___.___._...,7

SB 137--Criminal Cases; compensation of peace officers .--------------------84 SB 158--Obscene Material; prohibit sale to minors --__----_..------------.144

SB 161--Grants to Cities; provide for special census _._----No action in 1970 SB 181--Game Promotions; forced participation by lessee

unlawful --------_--____------_--------___--__,,----No action in 1970

SB 189--Highway Department; contracts for prison labor __.No action in 1970 SB 192--Tax Assessment Arbitration; decision
binding, certain cases ----____----__----_._..------------........... 7

SB 193--Motor Vehicles, Alcohol Tax Unit; number of vehicles _-_------....----- --__.------781, 788, 1894

SB 201--Water Resources Department, State; create ----..No action in 1970 SB 202--Banks; abolish private banks, limits on branches -- No action in 1970

SB 209--Advertising, Alcoholic Beverages; allowed over closed circuit television ___....-- _------_----_..___--------.._____,, 209

SB 210--State Employees; 26 pay periods per year ___------------------------242

SB 211--Insurance Contracts; identical benefits ...___--------------------.._.-143 SB 212--Sales; price reduction illegal for additional sale -- No action in 1970

SB 217--Motor Vehicle Licenses, Tags; fee for transfer ---- 1680, 1789, 1896 SB 218--County Tag Agents; fees ----------------------------1680, 1790, 1894 SB 219--County Tag Agents; fees --------_-------.458, 480, 1680, 1791, 1894 SB 222--Property Insurance; available to all
applicants ------------------------1501, 1632, 1669, 1671, 1738, 1777, 1778,

1780, 1810, 1888, 1896 SB 223--Minimum Foundation Program of Education;
local funds for maintenance, operation --.8, 128, 149, 1680, 1834, 1896 SB 224--Minimum Foundation Program of Education; percentage

of participation ----------------------------------------8, 128, 148 SB 225--Insurance on Dwellings; paid directly to contractors --.----------.143 SB 242--State Projects; prevailing wage for employees --..----------------242

SB 243--Race Tracks; licensing and regulating ----_____..No action in 1970 SB 249--Fulton County Ordinary Court Judge; compensation --.----502, 1498

SB 250--Eviction Proceedings; tenant's right of possession --.....1680, 1867, 1887, 1896

SB 253--Attorneys; admission to bar, educational requirements __.._._------ 84

SB 254--Non-Residents Transacting Business in State; define term ..........------------.--------.------------_...... ,,.._.---- 144

SB 256--Georgia Motorboat Numbering Act; amend relating to license fees ----------_.__--------------..__--.----.----..----. 8

SB 262--Malt Beverages; possession in dry counties --------...------ 8, 244, 281

SB 265--Surplus Property; transfer to agency for

surplus property

....... .._.................... 352, 400, 1674, 1894

SB 266--Art Commission, Georgia; members' expenses ----------------.8, 58

SB 268--Applied Psychology; practice of, change definition ..__1679, 1826, 1896

SB 272--Traffic Violations; point system ....-------------------- No action in 1970

SB 278--Railroad Crossings; designate unsafe, certain cases .266, 306, 333, 435

1978

INDEX

SB 281--Accountancy Board; members succeed themselves _--857, 889, 911,
1236, 1295 SB 282--Capital Punishment; abolish death penalty _____________,,_________ ,, 8, 526, 775 SB 285--Public Buildings; unlawful to block entrance or exit __._.____ 9 SB 286--Freedom vs. Communism; taught in high schools ___------....----__9, 143 SB 288--Atlanta, City of; regulate Sunday sales on
premises __--___--._...___..___----____--.,,.___._,,-. .-..__-._.._9, 244, 363, 408, 434 SB 289--Retirement Legislation; bills reviewed for
actuarial soundness ----..--________.____--..----------------_________. 267 SB 290--State Income Tax; exempt certain
retirement income --_--------_......_--.__--_.-_._.__----5, 218, 286 SB 291--Sale of Tobacco; redefine selling season _____ ______19, 42, 57, 92, 255, 460 SB 292--Wayne County; selection of legal organ ...._________________ 20, 42, 58, 87 SB 293--Tobacco Advisory Board; change membership _________20, 42, 57, 93,
340, 359, 460 SB 294--Produce of Plants and Trees; property of
land owner ___..__,,...______ ______________,,_____--._----------------.___________ 20, 42, 351 SB 295--Walker County Ordinary; personnel, salaries ___._------_ 20, 42, 58, 85,
135, 177 SB 296--Walker County Superior Court Clerk;
personnel, salaries ____..----------------__----------.20, 42, 58, 86, 135, 177 SB 297--Walker County Tax Commissioner;
personnel, salaries ______.._,,______----_..._----------_ 20, 42, 58, 86, 135, 177 SB 298--State Planning & Programming Bureau;
change name __----..----------------------38, 54, 128, 167, 290, 303, 1894 SB 299--Real Estate Investment Board; membership and
compensation ----------------------------______________ 39, 54, 299, 837 SB 300--Sale of Harmful Materials to Minors; enforcement
procedures _ _______________--------------39, 54, 243, 282 SB 301--Legal Holidays; change time to observe _----------------__ 39, 54, 219, 244 SB 302--Driver's License Suspension; failure to take
chemical test __----------------------------________...............39, 54, 744 SB 303--Shopping Centers on Private Property; police bring
charges for motor vehicle violations --------.------------_______ 39, 55 SB 304--Life Sentence; mandatory on third felony conviction ______________ 39, 55 SB 305--Criminal Trials; defendant's statement be under oath ----.40, 55, 144 SB 306--Railroad Crossings; rights-of-way be cleared for 50 feet ....... 40, 55 SB 307--Natural Resources, Deterioration of; State funds
used for reclamation, certain cases ----__ 40, 55, 58, 93, 206, 208, 228 SB 308--Highway Board; delegate powers to Highway Director,
certain cases ............ ....______________ 40, 55, 59, 93, 383, 473, 492, 1895 SB 309--Alcoholic and Drug Addiction Rehabilitation Advisory
Board; create ________________________________________..._________40, 56, 60, 243, 284, 527 SB 310--State Employees' Health Insurance; increase
participation limit ____,,__________----_._.__-___------.52, 83, 126, 151, 255, 333 SB 311--Rural Electrical Co-ops; powers of
directors _------....----................ _____________________.52, 83, 129, 150, 1501, 1895 SB 312--Workmen's Compensation Board; employees
under merit system ________________________________ 53, 83, 299, 322, 504, 705, 712 SB 313--Poultry Processing Plants; licensing
requirements ________________--__--------------------___ .__ 53, 83, 351 SB 314--Motor Vehicles with Red Flashing Lights;
prohibit except on certain cars ________--.___________________________53, 83 SB 315--Ethical Standards; State officials and employees ______________________ 53, 84 SB 316--County Education Boards; membership requirements--...-__...__..._._53, 84

INDEX

1979

SB 317--Peace Officers' Annuity Fund; receive percentage of fines ___-__--.____-.__--._-_----___-_._.----...80, 103, 267, 326, 1501, 1670
SB 318--Trust Fund Investments; fiduciary investment companies ---_--______--._------___._ 80, 103, 299, 322, 1617, 1656, 1895
SB 319--Trust Funds; valuation of certain securities __......----.____-______._----..__--.__....__ 81, 103, 243, 281, 502, 1895
SB 320--Executors of Estates; compensation ..._______-- 81, 104, 129, 151, 169, 1674, 1895
SB 321--Estates; trustee fees for delivery of property _--_____.._______--_--____----___. 81, 104, 129, 168, 1506, 1654, 1895
SB 322--State Building Code; Industry & Trade Department submit to 1971 General Assembly ----_._________----_ 81, 104, 169
SB 323--Driver's License; suspension of, refusal to submit to alcohol test _____.---________.--_________._--________.81, 104, 144, 190, 204
SB 324--Savannah Municipal Court; define civil jurisdiction --___._---- 82, 104, 127, 144
SB 325--Atlanta; employees' pension benefits _----.--_--..--..----------__82, 104 SB 326--Trustees; compensation _.____----.._____------_______.._-100, 113, 129, 189 SB 327--Garnishment Proceedings; bond requirements _,----.100, 113, 266, 304 SB 328--Slow-Moving Vehicles; warning devices required .------101, 114, 203,
223, 1505, 1633, 1647, 1669, 1777, 1811, 1888, 1896 SB 329--Fulton County; retirement, certain judges --..._--._.____ 101, 114, 1529 SB 330--Advisory Committee on Retirement Systems;
create .___..._----___----_...._----......--___----_ 101, 114, 267, 328 SB 331--Teachers' Retirement; eligible after 30 years'
service .___----_----__.._--__--._._____----__----__.........----....101, 114, 745 SB 332--High School Athletic Events; prohibit broadcasting
fees .--_....._----_.____----.__..._..--.___._.-_...____----_101, 114, 143, 191, 223 SB 333--Southwestern State Hospital; change to
Bainbridge State Hospital ...___-_.-_....----108, 122, 129, 168, 856, 1895 SB 334--Insurance; sickness and accident include psychiatric
care ..--------_...____......_--...-.__------_....____ 108, 122, 126, 171, 502, 1895 SB 335--Criminal Cases; punishment and sentencing _.----.___----____________109, 122 SB 336--Truck Drivers; use far right lane on public
highways .----__....------_.._-_..__-------------------------.109, 122, 266, 305 SB 337--State Employees' Retirement System; credit for
armed forces .----_______.__....__.......------........___----_--_..___ 109, 122, 745 SB 338--Blue Ridge Judicial Circuit; district attorney,
expense allowance ----_--_......--.____----___..----109, 123, 959, 1091 SB 339--Municipal Tax Assessors; use county tax
assessments --._______----_-_..----..__-__--------.109, 123, 126, 171 SB 340--Tax Receivers; record exempted property in
digest _--...___.._.__........__....--.110, 123, 126, 172, 1884, 1896
SB 341--County Tax Digests; Revenue Commissioner check for uniformity _.-_~_._.......---__-........110, 123, 126, 172, 1884, 1896
SB 342--Counties; ordinances to provide for tax payments --.____--110, 123, 126, 206
SB 343--Honorary Driver's License; issued to spouse of disabled veterans ._....._...--------.......--------.....110, 123, 143, 190, 1886, 1896
SB 344--Baldwin County; sheriff, compensation ........110, 124, 127, 145, 785, 913
SB 345--Baldwin County; tax collector, compensation ____.._____ 111, 124, 127, 145, 785, 913
SB 346--Baldwin County; ordinary, compensation --.---- 111, 124, 127, 145, 785, 839, 913

1980

INDEX

SB 347--Disabled Veterans; automobile tags _------111, 124, 143, 191, 1674,
1736, 1896 SB 348--Credit Card Act; define terms _______.___111, 124, 521, 762, 1511, 1896 SB 349--Atlanta; police retirement __...._____.._..------------111, 124, 1529 SB 350--Northeastern Judicial Circuit; court reporters,
salaries --..----------.____------------------Ill, 124, 299, 323, 1337, 1894 SB 351--Executive Branch, State Government; limit
number of employees ...----------_____....-..____. --___------_----__._-112, 125 SB 352--Superior Court Reporter Emeritus; eligibility .----.119, 140, 285, 526 SB 353--Insurance; insured have choice of doctor .______...119, 140, 396, 491 SB 354--Guardians; life insurance for wards .__._..___..--120, 141, 521, 761 SB 355--State Employees' Retirement System; civil
defense employees be members ..._--_______.._....... 120, 141, 745 SB 356--Transit System Buses; size and route
limitations ----------------------------__.._.__.._.120, 141, 144, 200 SB 357--Highway Board; treasurer, recreate office _.._--.120, 141, 144, 225,.
383, 452, 1895 SB 358--Teachers' Retirement; credit for out of
State teaching --------_.-.----..----__.------...._._.....--.120, 141, 526, 685SB 359--Teachers' Retirement; redefine terms .......__-_-_121, 141, 527, 688, 1677 SB 360--Grand Jurors; notaries and justices of the peace
ineligible ..._........__......_._........._........_............_.._.._____136, 185, 353, 404 SB 361--County Governing Authorities; provide insurance for
peace officers __----------------_----._._........__-136, 185, 459, 535 SB 362--Prisoners; temporary transfer, appeals cases ----..136, 185, 267, 301 SB 363--Criminal Fines; paid in installments ..._--.--~~-_~136, 185, 267, 300 SB 364--Attorney General; compensation _._._--___------_...121, 130, 142, 396 SB 365--Public Work Camps; corrections board continue
to use ......... _....__..137, 185, 267, 302, 1510, 1649, 1896 SB 366--State Scholarship Commission; repayment
requirements ..------..______......_...--...__----..----137, 186, 203, 227 SB 367--Baldwin County Education Board; increase
membership ._.__... _..____..____ ..137, 186, 320, 353, 786, 1895 SB 368--Minimum Foundation Program of Education;
new programs --------------__.--_.----...------_----..._.____... 137, 186 SB 369--Blood Donations; age requirements ----.137, 186, 242, 281, 1503, 1895 SB 370--Supervisor of Purchases; distribution of purchase
requests ._------...._.--__..------------_------.___---- 137, 186, 352, 405 SB 371--Supervisor of Purchases; compensation, qualifications ...... ....-138, 186 SB 372--Supervisor of Purchases; allow agencies to make
certain purchases ------------------------138, 187, 352, 406, 1507, 1896 SB 373--Supervisor of Purchases; certain purchases,
annual contract __--.___------------.. .....138, 187, 352, 407, 1507, 1896
SB 374--Pardon and Parole Board; replacement of disabled member ----......------.------.._----180, 198, 267, 301, 1884, 1896
SB 375--Retail Installment & Home Solicitation Sales Act; disclosure provisions ------__._..... ............ 180, 199, 299, 323, 1673, 1894
SB 376--Motor Vehicle Sales Act; disclosure provisions .----... 180, 199, 299, 323, 1673, 1894
SB 377--State Education Board; use National Teachers Examination for certification ....--...._.....-..._..........--180, 199
SB 378--Compuslory School Attendance; children with equivalent education exempt _--_..----_.__.._...-----__..__.--------------ISO, 199
SB 379--School Year; procedures for shortening ........_._..........__.181, 199

INDEX

1981

SB 380--Development of Housing; area planning commissions facilitate ..________._..___.__..___.._-.__.__.___-________ ______________ 181, 199, 298, 324
SB 381--Urban Redevelopment Project; certain open land acquired to come within definition...._______________________..18-_, 200, 298, 324
SB 382--Factory Built Housing; counties, cities accept Federal standards _________________________________________ 181, 200, 298, 325
SB 383--Building Administrative Board; part of executive branch _____________________ __.___________.___._.._ ________181, 200, 298, 324, 788, 1895
SB 384--Urban Redevelopment Property; cities dispose of without bids __,,__.___,,_,,_________,,_ 182, 200, 298, 325, 788, 900, 1895
SB 385--Motor Vehicles, Trucks; loads must be secured _____ 182, 200, 266, 301 SB 386--Credit Card Act; clarify meaning _._____._______._____.._____.___._.._. 182, 200, 649 :SB 387--Clinical Laboratories; licensed to operate ____195, 215, 459, 960, 1509,
1655, 1895 SB 388--Investments by Executors; regulation of .___-___._..___.195, 216, 460, 529,
1674, 1896 SB 389--Georgia Professional Corporation Act; enact _____ 195, 216, 299, 326,
1501, 1623, 1894 SB 390--Motor Vehicle Certificate of Title Act;
redefine terms _______,,,,__,,,,,,,,,,_______,,____,,________________195, 216 SB 391--Department of Highways and Transportation;
create ___________.___.__.._.___ .._____...___._____________________.____._.195, 216, 406 SB 392--Livestock Dealers at Auction; bond
requirements ______ __,,__,,,, __________196, 216, 351, 404, 1502, 1897 SB 393--Ordinary; control funds of minors, insane persons
with no legal guardian _______________________________________________________ 212, 239 SB 394--National Firearms Act; relating to machine guns ________212, 239 SB 395--Dade County Commissioners; compensation ___________ 212, 239, 320, 358,
719, 782 SB 396--Dade County Ordinary; salary _____________ 212, 239, 522, 671, 1009, 1670 SB 397--Mental Patients; transfer from out-of-state
hospitals __________________________________________ _________ 213, 239, 266, 306, 1511, 1897 SB 398--Sale of Narcotics; rewards for information leading
to arrest _______________________________________________________________213, 239 SB 399--Berrien County Tax Commissioners; powers and
duties _________.___.._______.-_._.._.._____._..__..__ 213, 240, 526, 671, 1184, 1895 SB 400--Fulton County Criminal, Civil Court Judges; salary _____ ___213, 240 SB 401--Walker County Sheriff; compensation ______ 233, 260, 320, 353, 719, 782 SB 402--Walker County Commissioners; compensation ______233, 261, 320, 354,
719, 782 SB 403--Criminal Cases; defendant's statement __,,_,,,,,,___,,______.233, 261 SB 404--Nursing Home Patients; counties reimbursed for
welfare benefits ._.__-_-____-___-__.___._____233, 261, 368, 459, 480, 1885, 1897 SB 405--Health Department; destruction of certain fiscal
records ......_.______._________-_____.__....__ 233, 261, 321, 361, 1509, 1652, 1897 SB 406--Motor Vehicles on Highways; limit visible
emissions __________________ __________________ 234, 261, 398, 477 SB 407--County Sheriffs; minimum salary _____________________________ 234, 261, 809 SB 408--Family and Children Services Board; supervise
State Department ______________________________________234, 262, 298, 373 SB 409--State Agencies; requisites for agreement with
federal and local agencies ______________________________________._____234, 262 SB 410--Railroad Crossings; relating to motor vehicle operators'
stopping distance _____________________________________________234, 262
SB 411--Berrien County Sheriff; compensation .__ 256, 294, 320, 354, 851, 1895

1982

INDEX

SB 412--Georgia Military College; powers of board of trustees ________.._.._----___.------__---- 256, 294, 397, 440, 1511, 1896
SB 413--Marijuana, Possession of; penalties ___.___.__.-- 256, 294, 745, 83'1 SB 414--State Employees Contracting1 Hepatitis;
benefits ______...______..___.__..--------256, 294, 459, 703, 1885, 1897 SB 415--Drug Inspector's Office; known as State Drug
Department _______..___-___.----------------------__--256, 295, 459, 693 SB 416--Pharmacy Board; be members of Georgia Drug
Council _----.--------___------------------------_----___ 256, 295, 744, 832 SB 417--Drugs; immunity from prosecution for persons giving
information leading to an arrest ______________._257, 295, 811 SB 418--Uniform Narcotic Drug Act; delete marijuana from
provisions _.___----_.___.___._.___________.257, 295, 459, 692 SB 419--Workmen's Compensation; expenses of Supervisor of
Purchases not charged to State Departments -----257, 295, 459, 479, 1510, 1897
SB 420--Workmen's Compensation; include state instrumentalities in definitions ___...._._.._._._____---------257, 296, 459, 480, 1510, 1897
SB 421--Election Code; ordinaries conduct primaries ----...---- 257, 296, 743 SB 422--Municipalities over 5,000; methods of extending
boundaries ___________----------258, 296, 525, 762, 1678, 1892, 1897" SB 423--Municipalities less than 5,000; methods of extending
boundaries __._.---------------------.__.____.._...___-258, 296, 651 SB 424--State Agencies; publications sent only on request _.__--258, 296 SB 425--Board of Regents; academic year payments to junior
colleges ______________..__-__....__._..258, 296, 396, 440, 1506, 189T SB 426--Real Estate Investment Board; abolish ----291, 317, 741, 1422, 1809,
1829, 189T SB 427--DeKalb County; change time for certain
elections .........__._..____________________.-.-------291, 318, 397, 428 SB 428--Berrien Tax Commissioner; employees' salaries ......__291, 318, 397,
429, 851, 1895 SB 429--Georgia Bureau of Investigation; drug abuse
agents, qualifications ..................................... 291, 318, 743, 830, 845, 961 SB 430--Health Department; include chiropractors in
medicare assistance .____------------___----.__..__....... 292, 318, 396 SB 431--Traffic Violations; change point system ............--......... 292, 318, 352 SB 432--Contraband Wildlife; Game and Fish Commission
dispose of -_______________________________ 292, 318, 351, 478 SB 433--Watercraft; maximum capacity be displayed ..._--292, 319, 351, 478 SB 434--Municipalities; levy fee on parking ______________...292, 319, 458, 529 SB 435--Home Solicitation Sales; cancellation rights __..________._.____. 312, 347 SB 436--Organized Crime; provide means for
combatting ........__....._....__.__.........312, 347, 460, 530, 1884, 1897 SB 437--Parks Department; come within Industry and Trade
Department ___________......_~________-____-_________.312> 348
SB 438--Tires and Wheels on Motor Vehicles; restrictions ______.__312, 348
SB 439--Aid to Dependent Children; redefine terms..........______,,312, 348, 459
SB 440--State Capitol; parking prohibitions _________________--.340, 389, 473
SB 441--Jury Duty; elected officials exempt on request ----341, 389, 745, 838
SB 442--Drugs, Apparatus for Unauthorized Use; prohibit __________.......__________----------341, 389, 744, 838, 894
SB 443--Adjutant General; change qualifications ----------341, 390, 524, 697, 1885, 1897

IN D EX

1983

SB 444--South Fulton Coliseum Authority; create ._..__.--_ 341, 390, 397, 433, 461, 657, 1173, 1261, 1302, 1894
SB 445--State Banks; repeal sales tax exemption _____.......___----.-.-.____ 341, 390 SB 446--Sales to State by State Officials;
procedures .-.._._____....._____--.-....___.._----.. 341, 390, 745, 891, 914, 1424 SB 447--Law Enforcement Officials; seize stolen goods
without warrant -..._____----_.__------...----_-._....._____._..-.-...-342, 390, 811 SB 448--Atlanta; land annexation ____.._.___.___...-__._._.___...-_______....._......_.__ 342, 390 SB 449--Wilkes County Small Claims Court; enlarge
jurisdiction _.__.._~..._.._..._....._____......_..__.,__...384, 424, 522, 672, 921, 1895 SB 450--Fannin County Depository; compensate ...._._--.---_-- 384, 424, 522, 672,
1504, 1897 SB 451--Sale of Agricultural Products; liability of
commission merchants .____.__-.__384, 424, 648, 760, 1505, 1621, 1895 SB 452--Private Employment Agencies; redefine terms -___-_.._--- 384, 425, 459,
528, 1681, 1860, 1897 SB 453--Atlanta; create personnel board ___,,_.-._____._______________________________ 385, 425 SB 454--Harmful Materials to Minors; establish
standards _.___.__..._.._________-_._._._________..._.._..._._____...._.385, 425, 744, 837, 894 SB 455--State Patrol; traffic violation tickets be
numbered ...... _-__.__.______._____-.______.._____--.__418, 468, 473, 528, 1506, 1897 SB 456--Floyd County; juvenile court cases _--.....__._-___418, 468, 1042, 1237 SB 457--Richmond Hill, City of; corporate powers .-...-...___.-418, 469, 522, 672,
1183, 1895 SB 458--Pembroke City Court; traffic violations _..____418, 469, 522, 673, 1185,
1296, 1895 SB 459--General Assembly Members;
expenses _..-____-____._._....____-_-..._.____.___~~_...418, 469, 525, 693, 1885, 1897 SB 460--Group Health Insurance; coverage for treatment by
psychologist -----,,____--.---._____...,,_-_.,,_._-..-___.____________._-_.____419, 469 SB 461--Jails; cities, counties provide full-time
jailer __...._________._...__._.__._._.-...__419, 469, 958, 1092, 1167, 1285, 1334, 1657 SB 462--Gilmer County; clerk's salary ______________ 419, 469, 522, 675, 1504, 1897 SB 463--Peace Warrants, Behavior Bonds; relating to __.__.......... 419, 469, 811 SB 464--City of Helen; new charter ____________419, 470, 522, 675, 1337, 1347, 1895 SB 465--Trading Stamps; prohibit with gasoline sales ___.......--.420, 470, 652 SB 466--Houston County Commissioners; qualifications _____420, 470, 650, 747,
1009, 1895 SB 467--Municipal Election Code; correct errors ._----_--.......420, 470, 810, 890
1510, 1897 SB 468--Home Rule, Municipalities; relating to members of
governing authorities ....___._..._.._._..._420, 470, 810, 910, 1885, 1897
SB 469--Houston County Education Board; abolish education districts ____._......._..___--..__..._______~-_420, 470, 650, 747, 1009, 1895
SB 470--Corporations; relating to dissolution articles ._____.......-_._____...............______..-.420, 470, 521, 704, 1505, 1622, 1895
SB 471--Hospital Care for Indigents; redefine terms _......___._-........__.___............_......__.....463, 517, 525, 701, 1511, 1897
SB 472--Housing Authorities; interest rates, bond issues ___._.._..._.__..._............___...._..........._.______464, 517, 521, 693,1886, 1894
SB 473--Urban Redevelopment Law; amend, interest rates on housing authority bonds _.__.........__.._..464, 517, 521, 694, 1886, 1894
SB 474--Jesup, City of; provide for recall of public officials __._..._____._...._....._.______._._.464, 517, 524, 653, 921, 1096, 1332

1984

INDEX

SB 475--Gasoline Taxes; no licensed motor vehicle exempted -____-_..--_--._...._.__._._____._.___._._.....464, 517
SB 476--Criminal Code; flight to avoid prosecution punished as felony ........______....___....___..._____.464, 518, 745, 831
SB 477--Criminal Bonds; fees of sureties ....__~____.___.__-465, 51& SB 478--County Tax Digest; classes of property within
county be uniformly evaluated _..__.465, 518, 649, 759, 1885, 1894 SB 479--Interest Rates on Loans; reduce rate,
certain amounts _...__.......__..._......._._______,,_______......._._465, 518, 649 SB 480--Jesup, City of; change corporate
limits ._....._.........____.._..._.......____.__.465, 518, 524, 656, 1184, 1670 SB 481--Drug Abuse Control Division; create within Law
Department _._.._._.__._._.._.._._.._.._._._._.._..._...__.._......_465, 518 SB 482--Minors; consent for treatment, drug abuse and
venereal disease ___._._.___465, 518, 525, 761, 1677, 1780, 1897 SB 483--Tax Arbitration; provision for appeal of decision
deleted -_.___._.-_.....-._..__.____-__.....____._.-._.--.....__._._____.466, 519, 649, 760 SB 484--Uniform Airports Act; amend to provide for acquisition
of buffer zone property -_-_-_,,_._..._..-._--_----___._.__.____..504, 638 SB 485--Mitchell County Education Board; election of
members ._...-._--................______.._._...._.....505, 638, 650, 748, 1337, 1895 SB 486--Mitchell County Education Board; appoint
superintendent .__________._________________...__605, 638, 650, 748, 1337, 1897 SB 487--Baconton, City of; elections conform to
Election Code ......___._________..__._____._.. ......505, 638, 742, 821, 1337, 1895 SB 488--Farm Tractors; regulate sale of ....___._.505, 638, 648, 760, 1502,
1655, 1896 SB 489--Public Service Commission; powers and
duties ...........__.____________..__.___..._..505, 639, 653, 761, 1777, 1778, 1894 SB 490--DeKalb County; buy water lines from Atlanta .__505, 639, 650, 748,
1675, 1897 SB 491--Georgia Factory for the Blind; surplus
funds .._.....__.__.____.__633, 736, 744, 832, 1680, 1848, 1897 SB 492--Lawrenceville, City of; elections .-----_._----_--.....___.........633, 737 SB 493--State Ports Authority; exempt from certain taxes .._...._........633, 737 SB 494--Towns County; commissioner districts ....__..633, 737, 742, 812, 1338 SB 495--Young Harris, City of; elections ....633, 737, 742, 812, 1677, 1742, 1897 SB 496--Marietta, City of; change corporate limits ............634, 737, 742, 813,
1337, 1895 SB 497--Highway Contracts with State; escrow agreement
necessary ._...._......_....________.___..._........._...____............_..._.-634, 737 SB 498--Highway Department; maintain state-aid roads within
municipalities ...____....._.__..._._______.-..--___.....634, 737, 878, 965 SB 499--Metropolitan Airports Commission; create _--._..__._.__...499, 639>
SB 500--Clarke County Juvenile Court Judge; compensation _._...._.__...........___634, 738, 742, 813, 1183, 1895
SB 501--Clarke County Coroner; compensation _...634, 738, 742, 813, 1184, 1297, 1895
SB 502--Clarke County Commissioners; compensation .___._634, 738, 742, 814, 1183, 1895
SB 503--Clarke County Sheriff; compensation __.635, 738, 742, 814, 1184, 1297, 1895
SB 504--Athens-Clarke County Charter Commission; create _.--__.635, 738, 742, 814

INDEX

1985

SB 505--Athens-Clarke County School System; education tax limit _.__.---.---___-_.--__.--_635, 738, 742, 816, 1183, 1895
SB 506--Athens; public officials, election qualifications --.__._.-.._----.,_----_.....___.--..,,..--635, 738, 742, 815
SB 507--Athens City Court; change to Clarke County City Court ----.----_--_..__.___.635, 739, 742, 815, 1346, 1496, 1895
SB 508--Clarke County Treasurer; compensation .,,____-635, 739, 742, 815, 1346, 1497, 1896
SB 509--Athens-Clarke County Health Board; members and funding .___.----_..__..____--..._____686, 739, 742, 816,1184,1896
SB 510--Augusta, City of; extend corporate limits ___._..._ .--636, 739, 1373, 1390 SB 511--Wilkes County; public funds used for industrial
development ......_.------._----._----.._......636, 739, 742, 816, 1184, 1896 SB 512--Senatorial Districts; change composition _____-636, 739, 810, 899,
1507, 1897 SB 513--Unsolicited Merchandise; deemed a gift to
recipient, certain cases ___.----._--------_._636, 739, 741, 831, 1838, 1852, 1897
SB 514--Nurses Examining Board; membership ____--.__.__636, 740, 744 SB 515--White County Commissioners; create
board ._._..___.___..____-724, 797, 808, 881, 1503, 1634, 1896 SB 516--Trading Stamps; prohibit coercive techniques to force
use of, certain firms --_._----______~___________-724, 798 SB 517--Insurance Premium Finance Company Act; change
fees charged ._.__.....----..----.--724, 798, 954, 1093, 1103, 1674, 1897 SB 518--Misdemeanor; redefine punishment for --_--__-- - 724, 798, 1042 SB 519--Lawrenceville, City of; corporate limits __--__724, 798, 808, 881,
1504, 1897 SB 520--Maysville, City of; officials' terms _..________724, 798, 808, 882,
1184, 1896 SB 521--Interest Rate; change maximum limit __..__._725, 798, 954, 1104 SB 522--Banks; prohibit off-premises banking __._..._._725, 798, 954, 1094,
1169, 1424 SB 523--Bank Charter; change application fee __.--.725, 799, 954, 1094, 1102 SB 524--Bank Charter; change fee for amending
charter ._.___.__..._.__.__...___.__.__----..725, 799, 954, 1094, 1103 SB 525--Agrirama, Georgia; create agency___725, 799, 808, 1096, 1099, 1673
1741, 1897 SB 526--Atlanta Criminal Court; assistant solicitors
general, increase number .--_...._..__...._._____..____725, 799 SB 527--Atlanta Criminal Court; hold committee hearings .._--_-726, 799 SB 528--Wilkes County; relating to public works camp __.____726, 799, 955 SB 529--Clerks, Superior and City Courts; destroy dismissed
pleadings ..._----._._..__......._____________.___790, 871, 1684 SB 530--Atlanta, City of; sell water __....____._._....._..__._______.______790, 871 SB 531--Atlanta; maintenance of private
property --....--...-_.....__..----.----..-790, 871, 1167, 1224, 1675, 1897 SB 532--Atlanta; become self-insurer ___--791, 871, 955, 1046, 1676, 1897 SB 533--Public Contractors; surety bonds ________.__791, 872, 1219, 1408 SB 534--Atlanta Traffic Court; employees __...____~_791, 872, 1375, 1468 SB 535--Georgia Military College; increase
trustees -__--_._-------._---------_.791, 872, 955, 1045, 1507, 1896 SB 536--Milledgeville; officials elect 2 members to serve as
Georgia Military College trustees _.__..._--.792, 872, 955, 1047, 1502, 1896

1986

INDEX

SB 537--Brunswick, City of; personal property tax ________792, 872, 956, 1047, 1104, 1885, 1897
SB 538--Atlanta; candidates for office, filing place __._.._._____.__...._________792, 873, 956, 1047, 1676, 1898
SB 539--Eviction; change procedures __________ _.___--___...____-__792, 873
SB 540--Seminole County Superior Court Clerk; compensation ______________841, 877, 956, 1046, 1104, 1885, 1898
SB 541--Public Schools; prohibit exclusions based on race, color or creed ______________________________________________ 857, 942, 1213
SB 542--Uninsured Motorist Protection; unknown owner __________ 857, 942
SB 543--Minors, Claims; settlement of tort cases __________858, 942, 1042, 1237
SB 544--Assistant Court Reporters; provide in certain judicial circuits ________________.____-.__..___. 842, 877, 956, 1044, 1503, 1611, 1896
SB 545--Waycross Judicial Circuit; additional superior court judge ______ ____________ _____ __.__-__._____._...-. 842, 877
SB 546--Wilkinson County Small Claims Court; create _________________________________________858, 942, 956, 1048, 1502, 1898
SB 547--Clayton County Civil and Criminal Court; court costs _.._._________-___.__________-_.__-______._.__. 842, 877, 956, 1048, 1504, 1898
SB 548--Fulton County Elections Board; registration of electors ______________________________________ 858, 942, 957, 1048
SB 549--Clayton Judicial Circuit; assistant district attorneys __________ 858, 901
SB 550--Fulton County Criminal Court; additional judge -_____858, 942, 1218
SB 551--Motor Vehicles; fees for operation of house and auto trailers __________________________________-__________________.858, 943
SB 552--Corrections Board; authority in misdemeanor offenses _________________________________________________________________ 859, 943, 1042
SB 553--Fannin County Commissioners; delete referendum requirement _____________________-______.________-_____901, 943, 1481, 1530
SB 554--Fannin County Ordinary; salary _____-___________902, 943, 1481, 1530
SB 555--Fannin County Superior Court Clerk; salary ________________________________________________902, 943, 1481, 1531
SB 556--Fannin County; delete referendum provision for tax office consolidation _____________________________902, 943, 1481, 1531
SB 557--Transit Systems; special fare to 65 year olds _____________________ 903, 943
SB 558--Floyd County; fees, divorce cases ______ 903, 944, 957, 1043, 1504, 1898
SB 559--Cherokee County Commissioner; compensation ________.____.__________._927, 1926, 1167,1224,1676, 1894
SB 560--Cherokee County Jailer, Deputy Sheriffs; compensation _...________________________928, 1026, 1167,1224, 1676,1894
SB 561--Planning Commissions; enter into agreements in adjacent states ____________________.____________928, 1026, 1041, 1294
SB 562--Court Bailiffs; compensation __________ ______________ ______1013, 1200
SB 563--Emanuel County Education Board; appoint Superintendent ______________.__.______1090, 1168, 1201, 1386, 1676, 1894
SB 564--Emanuel County; referendum, education board members ___________________1090, 1168, 1201, 1387, 1676, 1894
SB 565--Warren County Superior Court Clerk; compensation _______________,,____._..__.____________ 1102, 1201, 1219, 1387

INDEX

1987

SB 566--Warren County Ordinary; compensation ....__1102, 1202, 1219, 1388 SB 567--Warren County Sheriff; compensation _._.___...1103, 1202, 1219, 1388 SB 568--Warren County Commissioner; compensation ..1103, 1202, 1219, 1389 SB 569--Clayton County Ordinary; compensation .......1164, 1202, 1219, 1389 SB 570--Clayton Judicial Circuit; assistant district
attorneys -..___...__-_-..---_.__.....___.__-1165, 1202, 1219, 1390 SB 571--Counties; furnishing municipal type services,
allowed to tax for _-..-- -__.-_.....______._______...___.._1187, 1361 SB 572--Construction of Buildings; safety glazing materials used ....1348, 1512

1988

INDEX

SENATE RESOLUTIONS

SR

8--Judiciary; revise constitutional provisions _..._..._.___._______9

SR

9--Constitution; provisions relating to appropriations ____________.57

SR 13--Authorities; allow State to abolish and to incur indebtedness .........116

SR 17--Ad Valorem Tax; exempt personal property in transit,

certain cases __---_------_----_--_____.--________.___..--_._...._--..___---_____-- 243

SR 21--Martin Luther King, Jr.; January 15, state holiday --___..._------__ ...9 SR 22--Teachers' Retirement System; increase benefits ___________-.____..--.267 SR 43--Veto by Governor; change procedure for overriding _______1606, 1670,

1746, 1897 SR 49--State Employees; covered under minimum wage _----__.....,,----__243

SR 52--Municipalities; governing authorities regulate salaries, pensions _--...__________ - -- ,,,,-____ --__---_-_-----_-----_--__ --_--10

SR 53--Ad Valorem Tax; exempt persons 65 or older ...._..... No action in 1970 SR 71--Alcoholic Beverages; tax to Health Department for
alcoholics ......_.__-..____.__._____.___.._..__________________________________________ 116

SR 73--Fulton County; tax on automobiles licensed in county ._. 255, 287, 1896 SR 75--Retirement Systems; change Constitutional
provisions -____-_.__,,___...-_____-_.______-.____--_________.No action in 1970

SR 86--Scholarships; to students in non-State colleges ______-44, 88, 290, 1894 SR 89--Senate Rules; amend relating to floor privileges --_--__960, 1098 SR 93--State Employees; immunity from liability while
performing duties ______.__-----__._--. ..____-____..______________________....._ 243

SR 118--General Assembly; amend Constitution to change meeting time ______ .----_...._--_. ___________________________________________________243
SR 119--Junked Motor Vehicles Study Committee; create _______ No action in 1970 SR 182--Notifying House that Senate has convened __-_-____.._.__.____..__.._.__._. 6, 22

SR 183--Tobacco; urge Marketing Committee to increase sheet weight limit _______________________________________________ 21, 43, 57, 95, 311
SR 184--Tobacco; urge Agriculture Department reassess methods __....________.____......._._.._.__._. .._____....______._.._.21, 43, 57, 95, 311

SR 185--Tobacco; urge farmers plant old-line varieties ________________________-____..______._____.____ 21, 43, 57, 96, 311

SR 186--Tobacco; urge Warehouse Association police tobacco sales _________________,,..---_----_,,.--_..-----,,---___-21, 43, 57, 96, 311
SR 187--Tobacco Marketing Commission; urge 3 additional members _____.__.__.._.__-_..______ ______....____....._____.____.21, 43, 57, 96, 311

SR 188--Tobacco; urge Agriculture Secretary lower yield goal, increase acreage ___._._...._______._____._.._._.____..__.______.__._ 22, 43, 57, 97, 311
SR 189--Senate Rules; adopt _________ ....___.-_-_...__..._____._..._____._.__....-_.._..____.....16 SR 190--Welcoming Guests; 6th Senatorial District ___...__..______...___. ._-_______-18

SR 191--Heroes of Georgia Commission; create ___._.______.22, 43, 58, 97, 1501, 1651, 1898
SR 192--Felony; third conviction ineligible for parole --_._____._.__.,,_..__..41, 56

SR 193--Tax; real tangible property separate classification ._..__...___-..___ 41, 56

SR 194--Atlanta; urge second airport in Henry County _________41, 56, 58, 162

SR 195--Elected State Officers; increase salaries and allowances ________41, 56

SR 196--Robert J. Castellani; commend ___.____._____.______.____.54, 84, 129, 172

SR 197--Public Debt; authorize incurring ______54, 84, 116, 152, 1823, 1838,

1845, 1870

SR 198--Athens High School Football Team; commend _--__--_.--_.._-_-_____,_.85

SR 199--Senate Rules; amend relating to executive sessions .___...82, 398, 438

INDEX

1989

SR 200--State Employees' Health Insurance Plan Study Committee; create __________..__..__...____.______..______82, 218, 244
SR 201--Honorable Emory L. Rowland; sympathy ....___________________ 59 SR 202--Senate Rules; amend, committees study Governor's
nominations ___________________________________..______.82, 398, 456 SR 203--General Assembly; authority to increase retirement
benefits _...______.._____...._____________..__.._____-___._ 82, 105, 299, 364 SR 204--Medical Association of Georgia; commend ._._-.---._.,,._____-.__--__.. 85 SR 205--Uniform Consumer Credit Code Study Committee;
recreate ____________..______._._----_____-_______...____ 83, 219, 245, 417, 1898 SR 206--Honorable Wilson B. Wilkes; sympathy __.__.__..__..__...__._.__._._ 85 SR 207--Surplus Property; General Assembly transfer to schools _..__. 102, 114 SR 208--Honorable Hinson McAuliffe; welcome to Chamber _----_.--__. ..85 SR 209--State Retirement Systems; single agency administer _______ 102, 114,
267, 329 SR 210--Honorable John H. Venable, M. D.; commend __.______--___--105, 194 SR 211--Public Schools; oppose compulsory assignment ........102, 115, 143, 205 SR 212--University of Georgia Law School; add professorship ______ 112, 125 SR 213--Welcoming Guests; 6th Senatorial District __.,,....._._..._._... ._.._._,, 105 SR 214--Mr. Ed Baker; address joint session ___.___..--_____...__._ 105, 106, 108 SR 215--Mayors' Day; commend municipal employees.....,,--______________ 105 SR 216--Ad Valorem Tax; tangible personal property separate
classification ________________.,,_____________ 112, 125, 126, 163, 1511, 1898 SR 217--Burial Property; General Assembly exempt from
taxation -___.,,___________.._._______________..______.112, 125, 126, 165 SR 218--Highway Laws Study Committee; recreate _______ 121, 142, 203, 219,
856, 1896 SR 219--Bail Bonding Practices Committee; create ________________________.___138 SR 220--Street Sweeping Ordinance Study Committee; create _._.___.__.._. 138 SR 221--Alcoholism Study Committee; create _._________________________ ...139 SR 222--School Systems; Federal funds needed _------________...----____182, 201 SR 223--Carswell Supreme Court Nomination; commend
President Nixon for -___.-..___.....______..--_____...___..__....___....,,_._,, 130 SR 224--Disabled Veterans; increase homestead
exemption ...._____--________..__..._.___--____...----_____. 139, 187, 218, 245 SR 225--Atlanta-Fulton County; one governing authority ____139, 187, 219,
247, 780 SR 226--State Employees' and Teachers' Retirement Systems;
General Assembly use available funds ________ 121, 133, 142, 267 SR 227--Homestead Exemption; dependents in private
schools -______.._____.__...____________________________ 182, 201, 743 SR 228--Slum Clearance; local government acquire and dispose of
open land _________________ ..____.._--.--183, 201, 298, 368, 722, 907, 1896 SR 229--Housing Goal; affirm National and establish
State ______________________________________________ 183, 201, 298, 334
SR 230--Convicted Criminals; restore rights, certain cases .._._._.._..._ _ 183, 201
SR 231--Georgia Youth Council; commend __._.._____..--_...--_.----_,,___.--_... 188
SR 232--Senate Rules; amend relating to standing committees _.--.__--,,--__--_______--__.____..____ ._________..___.. 196
SR 233--Atlanta Braves Baseball Team; commend ___....___._____.__. 188, 212
SR 234--Highway Board; change to State Highway and Transportation Board _________________________________ 196, 216, 266
SR 235--Clarke County School System; homestead exemption ______________________.________213, 240, 396, 441,1185, 1896

1990

INDEX

SR 236--Compulsory Insurance Study Committee; create _.._..____._214, 459 SR 237--Georgia Poultry Federation; commend .,,.___--..____-.--._.._-_________205 SR 238--Judge William A. Bootle; commend ___________,,_._______..214, 353, 434 SR 239--U. S. Constitution; urge amendment, judges' terms ,,--_,,_. 214, 1042,
1287, 1334 SR 240--Honorable Henry Castleman; happy birthday wishes --__._.__--. --228 SR 241--Bibb-Monroe Counties; merge ....___,,__._____,,_._____.____....._..235, 262 SR 242--Agriculture Commissioner; lease land to
Athens ,,.._____ __.__._. ...___,,_,,_.__--____.. 235, 262, 298, 363, 1886, 1898 SR 243--Educational Matters Study Committee; create _...--__,,_________._-293 SR 244--Milledgeville; convey property to Georgia Military
College .-..-______________._..,,___.__.._.--_________ 293, 319, 398, 453, 458, 1507, 1896 SR 245--Wayne County; select legal organ _.....__..______ 313, 348, 397, 443 SR 246--Drug Abuse Study Committee; create ___________------_- 313 SR 247--"Awareness House" Study Committee; create ...__.___-.____--__._.313, 348 SR 248--Georgia Recreation Authority; create --__--_------_--___-----313, 348 SR 249--Callaway Gardens; commend ,,_----_____.______,,____----_____313, 522, 758, 1474 SR 250--Historical Commission; aid Westville as tourist
attraction ______--.___--._______-._..-_______.____--...__-_,,__--..313, 522, 758, 1474 SR 251--Providence Canyons Study Committee; commend--314, 522, 757, 1509 SR 252--Tift County Agricultural Museum; endorse .._._........314, 522, 757, 926 SR 253--Douglas County; centennial year ________ ________ ___,,___.--. .... 334, 722 SR 254--Legislative Building Study Committee; create ______ 342, 394, 398, 454 SR 255--Atlanta Airport Systems Study Committee; create ...........342, 398, 452 SR 256--Honorable Doug Sanders; commend _.._----_--___-----_-_--.,,.--._ 359 SR 257--Stanley Slaughter; sympathy .___.___-.___-_--___--..________ 368 SR 258--Mrs. Rachel Waters McConnell; sympathy ___________._____,,.._____ 399 SR 259--Jesup-Wayne County; convey property _____________-.421, 471, 524, 685 SR 260--School Food Service Program; commend --_--__________,,_______--____--399 SR 261--Criminal Accused Found Innocent Study Committee; create ... 421, 841 SR 262--Confinement of Prisoners; study committee _________~___...,,___,,.-- 421 SR 263--Confinement Facilities Study Committee; create ._._..,,,,..___.__--..421 SR 264--State Agencies Physical Space Facilities
Study Committee; create --------.---------.._._..-----.....--421, 879, 966 SR 265--Social Security Benefits; urge changes .._._......__-..-.....__..421, 525, 758 SR 266--Fernbank Science Center Commission; create ----466, 519, 960, 1105,
1886, 1898 SR 267--Environment Course in Schools; urge study of
feasibility _______________-....____....__.__.466, 879, 966, 1185 SR 268--James H. Wynn; commend _......___..,.____.....___..-...-__._-.......____........_____.... 452 SR 269--Honorable Gilbert R. Pirrung; commend _______________________,,.,___._ -527 SR 270--State Parking Facility No. 1; commend __..___.......,,.___._......_......._.. ._ 527 SR 271--Senate Rules; amend relating to votes ,,_______..__________________________ 506, 960 SR 272--Constitution Revision Commission; compensate
members ____.,,_____,,,,_______.___________--___ _____ 506, 639, 811, 897, 1886, 1898
SR 273--Transportation Study Committee; create _,,__..__________________.______------.______.._ 506, 639, 746, 826, 1886, 1898
SR 274--Corrections Board; increase membership __ _____506, 639, 810, 897, 914
SR 275--State Board of Pharmacy; commend ___..._____,,. --------------506, 744, 826
SR 276--Private Schools Study Committee; create ______________-637, 740, 810, 897
SR 277--Educational Loans, Grants and Scholarships; General Assembly administer _________________ 637, 740, 746, 826
SR 278--Honorable Carlton Emerson Crow; sympathy _.______.______________________.685
SR 279--Georgia Southern College; congratulate _.______-___.______------___.._.... ..____-685

INDEX

1991

SR 280--Pulton County; Roswell Road, rights-of-way _.,.__-726, 799, 958, 1105, 1681, 1864, 1898
SR 281--Atlanta Union Station; accept bids for air rights _._.....726, 800, 812, 888, 1346, 189&
SR 282--Probation Systems Study Committee; create _.___._____...__.._._--._..._726

SR 283--Fulton County Judicial Study Commission; create __.._._______726, 800

SR 284--Athens Public Facilities Authority; create __..._-.-.727, 800, 809, 98a

SR 285--Miss Luck Hendrix; congratulate ,,......__.__.-...,,----___....--.__.._--...____-782

SR 286--Auditing of Investments Committee; create __._,,____-____...___--.792, 873

SR 287--Governor; succeed himself _.,,.__,,._____._..._._____..________._...-792, 873

SR 288--Coach Marvin Vanover; commend ._,,___._.-.__.__.. _._..,,_.._____,,._____.825

SR 289--City of Perry; homestead exemption, certain

cases ...-____._---_____.-________. ________-.-______.-793, 873, 956, 1062, 1502, 1898

SR 290--Honorable Donn Clendenon; commend _...--.___-___.------_-.782

SR 291--Cattle Branding Law Study Committee; create _.__._..,,...._..,,._ ._.___..793

SR 292--County Tax Districts; General Assembly create .._..__----.,,..793, 873

SR 293--University of Georgia Dairy and Science Club;

commend ...._.__.__,,___-__--_._--__._________.....,,_______,,.__.__,,.._...825

SR 294--Hart County; property transfer __________________________ ____.-793, 873, 1041

SR 295--Pardons and Paroles Board; add two members ---859, 944, 1041, 1291

SR 296--Miss Nancy Herndon; commend ___________..________._.._.-________._---______ ---- 825

SR 297--Lockheed-Georgia Company; commend ___._..___________________ 896, 1185

SR 298--Dr. Leon H. Robertson; commend _--._-_---.-__-._ 840

SR 299--Lyons High School Debating Team; commend ..._____...__.__.-........._ 841

SR 300--Vidalia High School Football Team; commend ______-_.___..,,--.._.--.. 840

SR 301--Channel Catfish; make game fish .______.-____.-._.. ...____ 859, 1037

SR 302--Examining Boards Study Committee; create ._--__..-.._--.......-- .__--.. 928

SR 303--Consumer Affairs Study Committee; create _..,,...._ 928, 1026

SR 304--U. S. Constitution; ratify 19th amendment _______...... 928, 959, 1026,

1258, 1506, 1898

SR 305--Ecology, Natural and Human; study committee __________ 928, 1026, 1214

SR 306--Health and Welfare Committee; function on adjournment ---- 929

SR 307--Houston County; consolidate city, county taxes ______ 929, 1026, 1168,

1391, 1676, 1898

SR 308--State Vocational Rehabilitation Service; commend _._....._______...___ 1090

SR 309--Defective Automobile Study Committee; create ._____.________....___ 1014

SR 310--Telephone Center Ladies; commend ____....___...___ _.,.______..____ 1090

SR 311--Abortion Study Committee; create _____......-_____._..._____,_______._..____ 1014

SR 312--Joint Teachers Study Committee;

create ...._.._..._ .._______.._..__..997, 1027, 1214, 1419, 1887, 1898

SR 313--Teachers Study Committee; create .__________.____.._. 1014

SR 314--Senate Committee to Study SB 514; create .._______.._.___..______.___ 1014

SR 315--State Education Facilities; prohibit use by subversive

groups --_.-_-.-__.-_.-_____,,_._.---.__.,____..--_.__._-__.__..______..__.___--__.--____1001

SR 316--Honorable Maddox J. Hale; sympathy

....... ..._... 1160

SR 317--Honorable Frederick Warren Mills; sympathy __.._......______.____1167, 1185

SR 318--Honorable J. I. Davis, Jr.; sympathy _______________________________________ 1167, 1185

SR 319--Fire Ant Study Committee; create _______....-_____..-.____...______._____... 1187

SR 320--School Children Census; study committee _._.__.._.._._._....._._.1187

SR 321--North Fulton Special Choir; official State

choir .__-.-_----___..-._-_____-.-..._____-__ _1161, 1201, 1214, 1418, 1886, 1898

SR 322--Movie Industry; add trailers, certain movies ....._...__ 1188, 1375, 1658

SR 323--Obsolete School Facilities; capital improvement .___.___1188, 1374, 1621

SR 324--State Education Facilities; Senate oppose use

by subversive groups ._....._.-___..-....__._...____.........___......___1188, 1530, 1738

1992

INDEX

SR 325--White County High School Girls' Basketball Team; commend __-_--__--......._....___----__.____-___.__._. 1332
SR 326--Four-H Club Members; commend _____.__.___.__-____1332 SR 327--Mrs. W. G. Causey; commend ----_.___.__---_.__._--____.--_-------.1333 SR 328--Mrs. Charles G. Duncan; commend __--_____________.._.___1333 SR 329--Fulton High School "Redbird" Football Team; commend ___._.1333 SR 330--University System of Georgia Study Committee; create _--....1349 SR 331--Georgia Association of Justices of Peace and
Constables; commend --...--____..--_____--_._,,_._.__.____.__1333 SR 332--Trading Stamp Study Committee; create ______._____-_1349 SR 333--Minimum Standards for Firefighters; study committee --_------1349 SR 334--Senate Personnel and Committees; amend SR 3 ------..1349,1485,1611 SR 335--Taxation of Banks Study Committee; create _...... --.__-_..._.1349 SR 336--Senate Secretarial Pool; commend _________...__._____..__1498 SR 337--Tourism Study Committee; create ._._.._,,__._._.________1349 SR 338--Constitution Revision Commission Staff; commend ...__.__._.1498 SR 339--Forest Landowners Study Committee; create _--._..._-._.__._.1349 SR 340--General Assembly Meeting Days Study Committee; create ..______ 1350 SR 341--Bald Mountain Park, Inc.; commend --.-...._.__.--_.__._.._----1499 SR 342--Hapeville High School Band; commend ........-_........_.......___......1499 SR 343--Mr. Harold A. Melton; commend _-_____.-_______________._.____1499 SR 344--Honorable Bill Murphy; commend __...______.________1498 SR 345--Knight Newspapers, Inc.; appreciation --_--___----___----____..1498 SR 346--Retirement Systems Investment Policies Study
Committee; create ___--.__..____.__------_--------_....... 1348 SR 347--Rome-Floyd County Sheriff and Police; commend _.,,_-......____._..1498 SR 348--Honorable Bill Watson; sympathy _________--___________..___.___.....1498 SR 349--Mr. Tim Dobbs; commend ....................... ...._..__.....--------._____.1498 SR 350--Plains High School Boys' Basketball Team; commend ___--___....1667 SR 351--Minimum Foundation Program of Education Study
Committee; create ..._._----_________-_______.__.._____----------1512 SR 352--Lt. W. I. White; speedy recovery _,,____.--_-___________________ 1667 SR 353--Mr. William E. Birdsong, Sr.; commend .--.____---_----_---_----... 1667 SR 354--Honorable William Samuel Dykes; commend . --__...________----. 1667 SR 355--Georgia Milk Producers Association; commend _._.__,,...__..._.1667 SR 356--Mr. Dave Wegerek; sympathy ___________________,,____..________ 1668 SR 357--Honorable Irwin R. Kimzey; sympathy ......_..._--_____________ ...1668 SR 358--Honorable Richard B. Russell, Jr.; commend .__----------1668, 1887 SR 359--State Agencies Space Facilities Study Committee; create ___---- 1512 SR 360--Honorable Joseph Merritt Bell; sympathy ..--_______-____.________.--1668 SR 361--Mr. and Mrs. James Forrester Zipperer; congratulations ... 1872 SR 362--Mr. and Mrs. George Millard Arnold; congratulations ,,.--..---- 1872 SR 363--Interstate Highway Study Committee; create ......_____________.....1681 SR 364--Honorable Hamilton McWhorter, Jr.; commend ___________----...1872 SR 365--Honorable William King Ponsell; sympathy _.-_.______..__....... 1872 SR 366--Adjournment; relative to ._--..____----_____.--.__.__--__________.1872, 1887

INDEX

1993

PART III

HOUSE BILLS AND RESOLUTIONS

HB 4--Election Day; declared legal holiday _..._____..-......____________10, 126,174 HB 28--State Employees, Officials; increase mileage allowance _..... 10, 396,
453, 856 HB 45--Fertilizer; inspection requirements ...-- 648, 1239, 1338, 1420, 1477,
1496, 1675, 1739 HB 50--Motor Vehicle Drivers; prohibit intentional
dangerous driving ___.._..______...______,,__._____.....____....______________ 243, 283, 789 HB 75--Elective Office; limit to one when paid by
public funds __......_..._-___-__--._._..._____._ 95, 127, 173 HB 100--Income Tax, State; change rate on individuals -.__._. 1097, 1162, 1202,
1217, 1489 HB 139--Civil Practice Act; provide time for executions on
judgments ._....-....___..-.....,,___,,...-_________...___._-.__._. 243, 284, 856 HB 163--Interrogatories; attorney's fees ..-...__...._._.-._.-___...... 10, 129, 190, 285 HB 171--Teachers' Retirement; redefine earnable compensation ._--.._._.267 HB 173--Teachers' Retirement; benefits before age 62 _._____._..__.._.____..._...___ 527 HB 177--State Superintendent of Schools;
compensation ____________________________________.1175, 1199, 1361, 1527, 1766 HB 179--Attorney General; compensation ._...__...__._____463, 468, 520, 743, 830 HB 191--Public Service Commission; members, compensation -.__... 632, 637,
740, 1483, 1609, 1679 HB 212--Coastal Wetlands Protection Board; create _._.._.._.....-. 459, 483, 632 HB 214--State Auditor; compensation ............786, 793, 874, 1213, 1417, 1504,
1668, 1677, 1779, 1809, 1845 HB 228--Jury; access to criminal record for sentencing in
felony cases ____.__..._._.__......255, 259, 297, 526, 695, 788, 904, 911, 971, 1466, 1503
HB 255--Sterilization, Voluntary; authorize __..__.__1162, 1202, 1218, 1469 HB 282--Motor Vehicles; exhaust systems, brakes,
windshield wipers _________._____-__----_--__--_-__--.. 714, 731, 804, 878, 970, 1097, 1293
HB 327--Hearing Aid Dealers and Dispensers; create State board ........___...-....___-._...-___._.......___........._.601, 506, 639, 744, 833, 926
HB 349--Motor Vehicle Operators; eye test for license ___....._----___,,__----___.__----____.._____.854, 859, 944, 1215, 1762, 1889
HB 375--Deer Hunting; allow from tree stands and scaffolds __------._..--_..-.... 10 HB 378--Credit Cards; prohibit certain activities _..___.___.._... ..___._ ... .__ 243 HB 412--Glass Doors; safety glass required, certain cases ........10, 652, 968, 1174 HB 490--DeKalb County Officers; compensation ......___.........1336, 1350, 1512 HB 498--Divorce Judgment; not contested after 3 years ....____.._308, 314, 348
HB 509--Emeritus State House Officials; rights on appointment to other office __..____..._.-_....._._..--.__,,_,,....--.._..!!
HB 610--Public Service Commission; powers on natural gas transmission __._.__.--.__....___.__________.__.......11, 219, 252
HB 626--State Property; inventory __,,..._....__........_.255, 259, 297, 396, 438
HB 655--Osteopaths; include on Board of Medical Examiners.-,--11, 321, 1252, 1294, 1474
HB 658--Hospital Building Authority; amount of bonds issued __.178, 183, 201, 521, 974

1994

INDEX

HB 659--Penal Building Authority; amount of bonds issued _______________________ _.____________________1161, 1162, 1203, 1372, 1796, 1890
HB 683--Public Records, Inspection of; certain records confidential __--___.--_____--------.__--..____----__416, 422, 471, 958, 1875
HB 695--Fire Departments; employee wage disputes ________ .719, 731, 804, 1375 HB 696--Minimum Wage; certain employees __...___1346, 1359, 1514, 1528, 1815,
1826, 1837, 1838, 1851, 1858, 1887 HB 703--Fiduciary Bond; reduction for estates _________ ______..._ _.______________...85, 116 HB 734--School Property Tax Digests; Revenue Commissioner
equalize ------------_.__----____._.__._____________.____..._._------__... ..743, 978, 1891 HB 736--Fulton County Racing Commission; create ______--. 494, 508, 641, 1373 HB 746--Motor Vehicle License Tags; disabled veterans __---....338, 342, 390,
524, 967 HB 767--Ante-Nuptial Agreements; validity ..__....------..___--......308, 314, 349 HB 786--Atlanta Aldermanic, Education Boards;
vacancies ------......___--..._____________-____..______________________-__..___786, 794, 874 HB 797--Drugs; unlawful to carry into prisons --_--._---..........____--........___.. 11 HB 813--Amusement Tax; cities and counties levy ... _--------._--_____ -- 11 HB 815--Prison Industries Act; prisoners, contract work with industry _______ 12 HB 841--Farmers' Mutual Fire Insurance Companies;
qualifications .--_.__--......_.______.__.___1171, 1186, 1368, 1524, 1875 HB 842--County School Superintendents; qualifications ...._._. 128, 176, 205, 208 HB 847--Workmen's Compensation; two permanent injuries,
benefits ___.........._..______._......_.._______.--.___ ----..-338, 342, 391, 1219, 1409 HB 864--Withholding Tax; time for payment by employer to
Commissioner ___.______.....----__.. ______.____._....._____________.12, 396, 962, 1891 HB 867--Lower Courts; organization, jurisdiction ______________1335, 1350, 1512,
1528, 1768 HB 869--Gross Income; certain retirement income
exempted ....__......______.........._._____----...______.__._.........--._ 231, 235, 262, 649 HB 894--Augusta-Richmond County Transportation
Authority; create ----..___...,,_____-_....._.._.921, 929, 1027, 1526, 1685, 1889 HB 898--Richmond County; additional court reporters _._.... 1182, 1190, 1367,
1479, 1552 HB 921--State, County Officials; fee basis, repeal provision
for reporting ________......___________..------._._______.__ 501, 507, 639, 1483, 1666 HB 935--Unprocessed Garbage; prohibit feeding to animals _.,.__________.____ ____12 HB 1002--Motor Fuel Tax; exempt certain fuel _......_..._._.__.289, 293, 319, 322, 362 HB 1012--Mortality Tables, Permanent Injury; update ....__--_...... 1175, 1196, 1366,
1524, 1765 HB 1019--Subrogation, Right of; relating to ...__.______.........___.__._..._____ 291, 294, 320 HB 1023--State Employment; not denied servicemen's
wives .....----_..._----___.._._.___..__.__....._----____ 923, 929, 1027, 1376, 1662 HB 1027--Medical Advisory Board; create under Public Safety
Department .-...__-___.-_._____----...._._______....------...1186, 1197, 1362, 1683
HB 1028--Credit Cards; prohibit unsolicited issuance _._.._.._.... 211, 214, 240, 741
HB 1029--Uncontested Divorce; court conclusions ___________ ..176, 183, 201, 526, 698, 789
HB 1030--Juvenile Court Laws; revise _____._..___________,,_ _________________ 1098, 1163, 1203
HB 1032--Athletic Tickets; prohibit sale in excess of printed price _______________________ .....__.._.______._----______ 854, 859, 944, 1372, 1662
HB 1033--State Arborist Board; create ______________________________ _____ 1185, 1198, 1367
HB 1034--Early County Sheriff; personnel, compensation .,,___________----__._______----_________._.____________.99, 102, 115, 127, 146

INDEX

1995

HB 1035--Blakely, City of; polling places, public

utilities

_ --_________.____.____-___-_100, 102, 115, 127, 146

HB 1036--Blakely, City of; public utilities _________________100, 103, 115, 127, 146

HB 1037--Georgetown, Town of; change to City ______________,,_.__.100,103,115, 127,147

HB 1038--Amusement Tax; municipalities impose on movie

admissions __..____________________.__________________,,____..-_____.. ...........________ 179, 184, 202

HB 1039--Amusement Tax; counties impose on movie admissions____179, 184, 202

HB 1040--Obscene Materials; impose tax on ___.--_--___-----179, 184, 202, 458,

983, 1174

HB 1041--Spalding County; fire districts _.__.,,_____ 100, 103, 115, 397, 431, 503

HB 1042--Obscene Material, Distribution of; define

offense .......-...__________________.-......--__.._...___-_. 255, 259, 297, 1042, 1309

HB 1043--Interest Rates on Real Property Transactions; clarify

provisions ___________._.___-.-..________-......-..._____._719, 731, 804, 904, 954, 1794

HB 1044--Deeds Witnessed by Out of-State Notaries.____________.____._ ____211, 214, 240

HB 1047--Insurance Companies; regulate take-over bids for

stock _______________________________ 254, 259, 297, 396, 479

HB 1049--Gambling; redefine ____________.___________________.,,,,..__._ 211, 215, 240, 460, 482

HB 1051--Security Deeds; grantor death not affect

reconveyance ..._____-___-_.....-........-_.._.__.__-...--_...._-____.308, 314, 349, 460, 481

HB 1052--Personal Jurisdiction; non-residents ____._.211, 215, 241, 811, 984, 1477

HB 1061--Superior Court Clerks Retirement;

delinquent payments __..____.__.__...__-_____-_.____.....254, 259, 297, 1485, 1617

HB 1062--Death Penalty Cases; time for Supreme Court

remittitur _,,______._____-________,,_,,_ ___-_________________.________.__-308, 314, 349, 526, 694

HB 1063--Bail Bond; pre-hearing bond valid for trial ____382, 385, 425, 1042, 1303

HB 1064--Contracts against Public Policy, Construction;

unenforceable __,,_.__--__-_______________-_____________._._-__-___ .179, 184, 202, 1042, 1304

HB 1067--Defendants; credit on sentence for time spent

in jail .,,___.__________.__.__,,____.______________________,____________ 231, 235, 262, 352, 403

HB 1068--Schley County Superior Court Clerk;

salary ____________________________________ _____._.__________________.______107, 112, 125, 127, 147

HB 1069--Schley County Ordinary; salary ___._.__-_____108, 113, 125, 127, 147

HB 1071--Wrecker Drivers; clear debris from accident

scene _________,,__..________________..,,__ 501, 507, 640, 811, 986, 1041, 1302, 1508

HB 1072--Franklin County Superior Court; change

terms ________________________________________________135, 139, 187, 241, 268

HB 1077--Superior Court Judges Emeritus; widows'

benefits ________________ ...___________________________.___786, 794, 874, 1485, 1627, 1891

HB 1078--Taxes Due State, Counties; interest rates __________________ 462, 466, 519,

521, 1175

HB 1084--Rural Electrification Co-Op Board; duties and

powers .....-.___________..._.,,______..___....-..__-_________...-.......,,. ..._,,__ 254, 259, 297, 812

HB 1085--GBI Members; compensation .___________.__.._........._786, 794, 874, 1041, 1237

HB 1086--Teacher Allotment; amend Minimum Foundation

Program of Education ____,,___-__ ___________,,______1009, 1015, 1200, 1527

HB 1087--State Employees' Retirement System; appellate court

judges be members _,,.,,_....._______.__...._..____.__....._ 723, 735, 807, 1485, 1667

HB 1088--State Employees' Retirement System; Supreme Court

Justice be members .._.,,__.._____,,......__________________ _723, 735, 807, 1485, 1664

HB 1090--State Division of Conservation; create in

Executive Branch __________________ _.._______________,,.__ 925, 929, 1027, 1213, 1410

HB 1091--Copper Wire Purchases; dealers keep certain

information _________ _______________ __.-_______________..____1171, 1186, 1368, 1376, 1665

HB 1092--Deeds; attestation requirements _____.________.____.________________.290, 293, 319

1996

INDEX

HB 1093--Savannah Municipal Court Judges; retirement ___... 494, 508, 641, 808,

HB 1094--Eastern Judicial Circuit; district attorney,

880, 1478

compensation .--.__-._.-._-.....___~___________________.__.-108, 113, 125, 353, 403 HB 1095--Savannah Municipal Court; revise, consolidate __-.-_.--,,_ 108, 113, 126,

956, 1049 HB 1096--Surplus Vehicles; certificate of title issued -----786, 794, 874, 954, 1238 HB 1100--Appropriations for Operation of Government;

1970-71 ------..--._------------._----_...--------632, 637, 740, 955, 1107, 1236, 1238, 1260, 1285, 1427, 1476
HB 1101--Urban Transit Systems; exempt fares from sales tax ____.....__.231, 235,

HB 1102--Highways; regulate transportation of factory

263, 396, 439

built housing .--------------632, 638, 740, 811, 904, 1013, 1107, 1160, 1165, 1299, 1679, 1817, 1831

HB 1105--Muscogee County; employees' pensions _.------..._ 134, 139, 187, 241, 268 HB 1112--Madison County Superior Court;
change terms ----__----.--.----...___---._,,__.135, 139, 188, 241, 268

HB 1113--Elbert County; Commissioners appoint depositories --___......___--.....____ _._...____.--__....__135, 140, 188, 241, 269
HB 1114--Poultry Processing Plants; licensing

requirements ------------_--------..----_____ 501, 507, 640, 648, 1238

HB 1117--Police Officer; reward for information on

killing of

_._------..---- 925, 929, 1027, 1684, 1855, 1892

HB 1120--Gordon County; fox hunting restrictions __--._..__..--._. 135, 140, 188

HB 1121--Pupil Transportation Expense; method of calculation ____.1175, 1196,

1366 HB 1123--Long County Jury Commissioners;
appointment _~-.__,,..._.-...._--._.__._------136, 140, 188, 397, 432, 503
HB 1124--Douglas County; tax on mobile homes _._--_----__-- 290, 293, 319 HB 1126--Macon Water Commissioners; pension benefits ......_..135, 140, 188,

397, 429 HB 1128--Motor Vehicle Operators; refund of security on
death of depositor --._--------------_____..-.......309, 315, 349, 1683, 1813
HB 1129--Parole Officers; execute warrants issued by Board -..------.._--------_.------..,,..__..--....1012, 1015, 1200, 1484, 1665
HB 1134--Student Honors Program; open to private school students _.....__-___......-..___-...._.__-....-...---..254, 260, 297, 397, 441
HB 1135--Banking Law; redefine terms ......._----------.504, 507, 640, 741, 834
HB 1136--Georgia Historical Commission; employees' salaries -..--------------------------------__.....632, 637, 740, 810, 967
HB 1139--Secretary of State; furnish State flag to schools ..--.-.-__.____--..___--------------...----_ 309, 315, 349, 524, 968

HB 1141--Firemen's Pension Fund; employees be members --....382, 385, 425, 1485, 1610, 1616, 1669, 1887

HB 1142--State Employees' Retirement; change certain disability benefits ----_------.--------...__------._------..340, 347, 394, 746, 834, 926

HB 1145--Factory Built Housing; Federal standards be used ,,----------------____.._.._.__......___790, 794, 874, 1373, 1638, 1891

HB 1147--Planning and Development Commissions; aid in housing development ------..--------.----..-------------- .338, 343, 391, 810, 974

HB 1149--Limited Partnerships; acquire property .......179, 184, 202, 526, 695

HB 1153--West Point Mayor and Aldermen; convey property -------.-------------_--------------.192, 196, 217, 241, 269

INDEX

1997

HB 1154--West Point; change corporate limits ___-_-784, 795, 874, 1039, 1226 HB 1155--Ethics Code; legislators and State
officials -__.__.__._.._._...________854, 860, 944, 1483, 1641, 1678,
1809, 1826, 1847, 1863 HB 1156--Georgia Securities Act; redefine "security" _.-__._...__925, 930, 1027,
1217, 1410 HB 1157--Gwinnett Judicial Circuit; court reporter __193, 196, 217, 460, 481 HB 1159--Adel, City of; city manager ._.__.._____.___._____._193, 197, 217, 241, 269 HB 1161--District Attorneys; compensation __.._.__.__._254, 260, 298, 352, 403 HB 1163--LaGrange, City of; increase corporate limits -..-....___- 193, 197, 217,
241, 270 HB 1164--Emanuel County Ordinary; salary _.___..._193, 197, 217, 242, 270 HB 1165--Peachtree City; recorder's court ___-.-____.__._____254, 260, 298, 320, 354 HB 1166--Planning Commissions; provide workmen's
compensation ...____.._.___-...._____--_~___...309, 315, 349, 458, 481 HB 1168--Lowndes County Coroner; salary _-193, 197, 217, 397, 431, 856, 904,
1096, 1107, 1175, 1260 HB 1169--Honey Bees; inspection of colonies _____...__290, 294, 319, 351, 479 HB 1172--Colquitt County Superior Court; terms --..._-193, 197, 217, 522, 674 HB 1179--Columbus Municipal Court; deputy marshals,
expenses .......__.......__.__-_....--...__._.._193, 197, 217, 242, 270 HB 1181--Stephens County Commissioners; terms _..._..193, 198, 218, 242, 271 HB 1182--Peace Officers' Annuity and Benefit Fund;
redefine terms __.__________.__.._92B, 930, 1027, 1485, 1617 HB 1184--Fayetteville, City of; new charter ___.___--254, 260, 298, 320, 355 HB 1185--Perry, City of; mayor, councilmen, salary __.._194, 198, 218, 320, 355 HB 1186--Perry, City of; general election ..._____494, 508, 641, 1039, 1225 HB 1187--Muscogee County Elections Board; create.-.______194, 198, 218, 320, 355 HB 1188--Houston County Commissioners; salary_.......__194, 198, 218, 320, 356 HB 1189--Motor Vehicle Tires; restrictions on cleats
and spikes _...._......_._._..._..__ __...__383, 386, 425, 526, 996, 1502 HB 1190--Municipal Employees' Retirement System; additional
members ...._.__._..___.______:_1010, 1015, 1201, 1485, 1664 HB 1193--Washington County Tax Commissioners; salary _ 229, 236, 263, 320,
356 HB 1194--Public Assistance Act; change method of
financing ____________________-___1344, 1359, 1514, 1522, 1781, 1889 HB 1196--Revenue Bonds; interest rates __......___..923, 930, 1028, 1217, 1411 HB 1197--Hospital Authorities; revenue certificates,
interest rates ..._...__._____.__....___-923, 930, 1028, 1217, 1411 HB 1199--Coastal Islands and Marshlands Planning
Commission; create .._._-_..--..____._--.___..--...__......417, 422, 471 HB 1200--Jekyll Island-State Park Authority Act; redefine terms__..~_462, 466,
519 HB 1203--Game and Fish Commission Director;
compensation ___..._._._........._.__.._.923, 930, 1028, 1682, 1811, 1817,
1825, 1848 HB 1204--Bibb County Superior Court Clerks;
fees __,,_---_-.---_-__- 915, 931, 1028, 1483, 1627, 1888 HB 1206--Superior Court Judges Emeritus; serve in any
judicial circuit _.__..__.-.__._..___.___.714, 732, 804, 1683, 1812, 1875 HB 1207--Superior Court Judges; reimbursed for service in
other circuits ...._......_____.--___._...___._.1176, 1198, 1363, 1684, 1768
HB 1208--Georgia Peace Officers Standards and Training Council; create _..____._______-_.__-.417, 422, 471, 743

1998

INDEX

HB 1209--Alpharetta, City of; officials' terms ....__-784, 795, 875, 957, 1053 HB 1210--Lobbying; change registration provisions_--418, 422, 471, 743, 973 HB 1213--Lee County Deputy Sheriff; salary __...__...__.230, 236, 263, 320, 356 HB 1214--Terrell County Sheriff; salary _______________.__.230, 236, 263, 320, 357
HB 1215--Lee County Superior Court Deputy Clerk; salary _____________________________--__..__230, 236, 263, 320, 357
HB 1216--Pharmacists; qualifications for registration __.309, 315, 349, 459, 910 HB 1223--Atlanta Police, Retired; re-employment
rights _________________._._..1003, 1015, 1201, 1529, 1749 HB 1224--Atlanta Employees, Retired; re-employment
rights --_.--.___----____.______.--.___._1003, 1015, 1204, 1529, 1749 HB 1225--Atlanta Employees, Retired; re-employment
rights -____-_--_______------_________1003, 1016, 1204, 1529, 1750 HB 1226--Teachers' Retirement System; credit for pay from
University System .__...___...__....._.....1098, 1163, 1203, 1529, 1752 HB 1227--Speed Detection Devices, Radar; prohibit use __.339, 343, 391, 878,
999, 1186 HB 1228--Estates; legacies of missing heirs deposited with
ordinaries .______----_._-___._______..__._...._921, 931, 1028, 1483, 1764 HB 1229--Danielsville, City of; mayor and council,
salary _________._._--_..__________-__--_________.230, 236, 263, 320, 357 HB 1230--Newton County Ordinary's Office; operating budget ........230, 236, 263,
956, 1049 HB 1231--Newton County Coroner; salary _.__...__...230, 237, 264, 956, 1049 HB 1232--Newton County Tax Commissioner's Office;
operating budget __.._.......____.__...__.._.230, 237, 264, 956, 1050 HB 1233--Newton County Superior Court Clerk's Office; operating
budget ______......._._......___...__........_231, 237, 264, 956, 1050 HB 1234--Newton County Sheriff's Office; operating
budget .........__-_.--___....__-___--..____231, 237, 264, 956, 1050 HB 1236--Calhoun County Sheriff; salary ...._.._____._..231, 237, 264, 320, 358 HB 1238--Tobacco Warehouses; insurance coverage ......462, 467, 519, 648, 1409 HB 1239--Thunderbolt, Town of; officials, vacancies ........336, 343, 391, 397, 429 HB 1240--Poultry Transporters; excluded from regulations on
motor carriers ,,_.....__--_______.__--_________--.501, 507, 640, 745, 975 HB 1242--Chatsworth, City of; new charter _._____416, 422, 471, 522, 682 HB 1243--Catoosa County Tax Commissioner; clerical
allowance ___.______________________.__-336, 344, 392, 522, 675 HB 1245--Motor Vehicle Special Tags; amateur radio station
operators .___.__----___.____-_.___ ....__339, 343, 391, 649, 998 HB 1246--Putnam County Small Claims Court; create ____336, 344, 392, 522,
670, 789 HB 1247--Revenue Department; appointment of deputy
commissioner _____.----.___.__________.___882, 386, 425, 521, 700, 790 HB 1250--Ringgold, Town of; mayor's court ____..-..336, 344, 392, 523, 676 HB 1251--Georgia Insurers Insolvency Pool; create _____.__.924, 931, 1028, 1216,
1491, 1508 HB 1257--Columbus-Muscogee County Building Commission;
change to Authority __________,___.__336, 344, 392, 397, 430 HB 1258--Macon County Sheriff; salary ____________336, 344, 392, 523, 676 HB 1259--Macon County Coroner; salary _________336, 344, 392, 523, 676 HB 1260--Macon County Tax Receiver; salary.._____.337, 345, 392, 523, 677 HB 1261--Macon County Superior Court Clerk; salary__.337, 345, 392 523, 677 HB 1262--Macon County Ordinary; salary _________337, 345, 393, 523, 677
HB 1263--Macon County Court; officials' salaries_____337, 345, 393, 523, 678

INDEX

1999

HB 1264--Macon County Tax Collector; salary ___.......337, 345, 393, 523, 678 HB 1265--Stephens County Tax Commissioners; salary.--714, 727, 800, 808, 887 HB 1270--Medical Bills; identification of in civil cases..-- 339, 343, 391, 526, 695 HB 1271--Bail Bond; number of times for same offense.....____________ 382, 386, 426 HB 1272--Gordon County Superior Court Clerk,
Ordinary; salary .--------_-,,------__._____337, 345, 393, 523, 678 HB 1273--Gordon County Sheriff's Office; salaries.,__-.337, 345, 393, 523, 679 HB 1282--Archives Department; make facilities
available on Saturdays .__.___..__....__------719, 732, 804, 1216, 1470 HB 1283--Treutlen County Sheriff; salary.------___.___..337, 346, 393, 397, 430 HB 1287--Eye Glasses; prescription lenses must be
certain material ---____...___.__._.__.....719, 732, 805, 878, 974 HB 1291--Mclntosh County Sheriff; salary _________338, 346, 393, 623, 679 HB 1292--Legal Holidays; excluded in construction
of time under statutes ....______--___...__...._------462, 467, 519 HB 1293--County Offices; closing days in
addition to holidays ----_..-.--__-._.--_._....__._......____------462, 467, 520
HB 1294--Gordon County Commissioner; salary _----------338, 346, 393, 523, 679 HB 1297--Bail Bond Business; regulate .____________.__417, 422, 471 HB 1299--Pavo, City of; councilmen's salaries .__._.__338, 346, 394, 397, 431 HB 1301--Ports Authority Act; re-enact terminal
development section _______.--_----._______720, 732, 805, 810, 973 HB 1304--Election Code; ordinaries supervise primaries--.1097, 1163, 1203, 1373,
1640, 1671, 1823, 1825, 1847 HB 1306--Catoosa County; pre-marital examinations^_380, 386, 426, 523, 756 HB 1309--Barbers; allow two apprentices under
regulations ..._----__.._----__------.__..._--__..1010, 1016, 1204, 1218, 1663 HB 1310--Laurens County State Court; salaries.....----....380, 387, 426, 523, 680 HB 1311--Long County Superior Court; terms__....__.-380, 387, 426, 523, 680 HB 1315--Walton County Commissioners; election....___.380, 387, 426, 650, 749 HB 1316--Walton County Coroner; compensation --__380, 387, 426, 650, 749
HB 1317--Loganville, City of; mayor's salary .._.___..380, 387, 427, 650, 749 HB 1318--Counties, Cities; levy certain excise taxes ....__----__----1013, 1163, 1204,
1216, 1603, 1675 HB 1321--Hospital Authorities; credits and
exemptions, sales tax _..._----._.._----..----------786, 795, 875, 954, 1321 HB 1322--Sale of Water; clarify sales tax exemption__.787, 795, 875, 954, 1309 HB 1323--Sales Tax; exemptions on sales to U. S.,
State, counties and cities....------------922, 931, 1028, 1523, 1795, 1892 HB 1324--Properties Control Commission; rules on
property disposal ,,.__--_.__--_------.-----787, 795, 875, 1216, 1409 HB 1325--Properties Control Commission; additional
powers ------------___._____._______787, 795, 875, 1216, 1618 HB 1326--Teachers; annuity contracts on transfers------ .382, 386, 426, 651, 975
HB 1327--Colquitt County; establish law library ....__502, 509, 641, 1376, 1751 HB 1328--Colquitt County Commissioners; salary _____._494, 509, 641, 650, 750 HB 1330--Stephens County Commissioners; delete clerk__380, 387, 427, 523, 680 HB 1331--Stephens County Sheriff's Office; salaries _.______381, 387, 427,
523, 670, 789 HB 1332--Stephens County Superior Court Clerk; salary..._.......381, 388, 427,
523, 669, 789 HB 1333--Stephens County Ordinary; salary....__._381, 388, 427, 523, 669, 789
HB 1334--Stephens County Education Board; election.__.381, 388, 427, 523, 681
HB 1338--Teachers; appeals provision when contract not renewed ._______.._.___......1171, 1186, 1368, 1374

2000

INDEX

HB 1339--Teachers; sick leave _.__.--_______..1171, 1187, 1368, 1374, 1661 HB 1340--Teacher Allotment; amend Minimum Foundation
Program of Education ....__._..._.__._._------------720, 732, 805, 810 HB 1342--Altamaha River Basin Commission; create _.._._....__.._1009, 1016, 1204,
1215, 1507, 1612 HB 1343--Firearms, Machine Guns; registration
provisions ...._...______....__...___________..___......720, 841, 877, 1483, 1490 HB 1344--Lowndes County Sheriff's Office; salaries____381, 388, 427, 523, 681 HB 1346--Fish Feed; exempt from sales tax ......_.__925, 931,1029, 1372, 1876 HB 1347--Haralson County Deputy Sheriffs; salary__.-381, 388, 427, 523, 681 HB 1350--Criminal Trespass; persons entering without
authority.......--..._............_........_.__..._..________.925, 932, 1029 HB 1351--Burglary; revise provisions relating to ___.__..__.925, 932, 1029 HB 1352--Dangerous Drugs; punishment for
obtaining __...----_----_-------______----.720, 733, 806, 1483, 1767 HB 1353--LSD Possession; punished as felony __...-...-720, 733, 806, 1483, 1767 HB 1354--Seizure of Drugs; relating to law
enforcement officers ...._____._.______.._.720, 733, 804, 878, 973 HB 1357--Pharmacy Board; compile list of dangerous
drugs and narcotics --___.______...______721, 733, 804, 878 HB 1358--Troup County Tax Commissioner;
powers and duties _.----------------___._.504, 507, 640, 954, 1304 HB 1359--District Attorneys; appoint assistant to
equal number of judges..----._..----.._1010, 1016, 1205, 1684, 1786, 1889 HB 1360--Fitzgerald, City of; amend charter_______416, 423, 471, 650, 750 HB 1361--Election Code; voter registration requirements__...___..-...502, 508, 640,
743, 998 HB 1362--Lowndes County Superior Court; terms___--381, 388, 428, 523, 682 HB 1363--Georgia Bureau of Investigation;
under Law Department ........___._____.....723, 736, 807, 1373, 1770 HB 1364--Budget Bureau; information on new programs....__1172, 1187, 1368,
1523, 1876 HB 1366--Thomaston-Upson County Tax
Assessors; merge .._....__...._.._._......_____________494, 509, 641, 650, 750 HB 1367--Thomaston, City of; ad valorem tax..__.___494, 509, 641, 650, 751 HB 1368--Thomaston, City of; extend corporate limits........495, 509, 642, 650, 751 HB 1370--Net Income Tax; terms conform to Internal
Revenue Code .__..............__..........______854, 860, 944, 1216, 1471 HB 1371--Motor Vehicle Certificate of Title Act; filing fee
and agents compensation ........__...._________..1172, 1188, 1369 HB 1373--Shrimp Possession; repeal provisions of Act__.___...927, 941, 1029,
1215, 1412, 1476 HB 1375--Contraband Wild Life; disposal of........_.......924, 932, 1029, 1215, 1470 HB 1377--Higher Education Assistance Corporation;
collateral pledge requisites .___.____1177, 1198, 1363, 1523, 1876
HB 1378--Marijuana; redefine in Code________714, 733, 805, 878, 972, 1174
HB 1381--Toccoa, City of; extend city limits ......___-..416, 423, 472, 522, 673
HB 1384--Public Service Commission; authority on intrastate pipeline system.._.....787, 796, 875, 1214, 1410
HB 1385--Troup County Commissioners; salary _____416, 423, 472, 522, 673
HB 1386--Baker County Superior Court Clerk; salary__..416, 423, 472, 522, 674
HB 1387--Baker County Commissioners; salary______416, 423, 472, 523, 674
HB 1388--Ordinaries; use photostatic equipment____787, 796, 875, 1684, 1865
HB 1389--Fulton County; filing tax returns__._____495, 509, 642, 957, 1053

INDEX

2001

HB 1390--Archives Department; study record-keeping problem in Fulton County ..__.___..____721, 734, 805, 1216, 1471
HB 1391--County Managers; uniform qualifications__..721, 734, 805, 956, 1298 HB 1392--Atlanta Judicial Circuit; district
attorneys, salaries ----------------__--__.495, 510, 642, 957, 105& HB 1393--DeKalb County Superior Court Reporters;
payment .._--------------------------_________--------495, 510, 642 HB 1394--Jesup, City of; commissioners
appoint city attorney .------------------.--__.495, 510, 642, 742, 817 HB 1396--Wayne County Hospital Authority;
membership ._.____.___._._._____.______-495, 510, 642, 742, 822, 1175 HB 1397--Social Circle, City of;
increase corporate limits____.______._.._._____-_850, 860, 945, 957, 1054 HB 1398--Douglas, City of; mayor,
commissioners, salaries _________________.----495, 510, 642, 1480, 1535 HB 1399--Johnson County Deputy Sheriff; salary.._._..___._____496, 510, 643, 650, 751 HB 1400--Montgomery Commissioners; clerk, salary._..496, 511, 643, 650, 752HB 1401--Edison, City of; mayor, councilmen, terms_--.496, 511, 643, 650, 752. HB 1402--Ocilla, City of; increase fines--..------_.__.496, 511, 643, 742, 817 HB 1403--Irwin County; traffic fines, disposition-------------------496, 508, 641,
1483, 1666, 1889* HB 1404--Irwin County Commissioners; clerk, salary.----...496, 511, 643, 742, 817 HB 1407--Liberty County Superior Court Clerk; salary----._.__--__ 496, 511, 643,
650, 752 HB 1408--Hinesville City Court Solicitor; salary.--.__.497, 511, 643, 650, 75S HB 1409--Liberty County Coroner; salary .........._------497, 511, 643, 650, 753 HB 1410--Hinesville City Court Judge; salary.....__.__..497, 512, 644, 742, 818; HB 1411--Liberty County Ordinary; salary ._----...____.497, 512, 644, 742, 818 HB 1412--Liberty County Tax Commissioner; salary___497, 512, 644, 742, 818 HB 1413--Fulton County Education Board; school taxes _______________ 497, 512, 644,
957, 1054 HB 1414--DeKalb County; auto tax returns----__.__._...497, 512, 644, 956, 1051 HB 1415--DeKalb County; revise tax assessments.-__._498, 512, 644, 742, 819HB 1416--Cemetery Trust Funds; invest assets --__922, 931, 1029, 1523, 1753 HB 1417--Lookout Mountain; corporate limits.-------_498, 513, 644, 650, 753 HB 1418--McDuffie County; officials' salaries,..----------498, 513, 645, 742, 819> HB 1419--Chattahoochee County Sheriff; salary,.___...-498, 513, 645, 650, 754 HB 1420--McDuffie County Commissioners; salary____498, 513, 645, 742, 819 HB 1422--Henry County; amusement tax --------____________498, 513, 645, 954, 1310 HB 1423--Sylvester City Court; change name______.784, 796, 876, 956, 1051 HB 1424--Sylvester, City of; extend utility services__________499, 513, 64S HB 1425--Worth County Tax Commissioner; levy fi. fas. tax___ _499, 514,
645, 742, 820 HB 1426--Worth County; settle claims ____-_____-499, 514, 645, 742, 820
HB 1428--Coffee County Education Board; create.-__.499, 514, 646, 1480, 1535
HB 1429--Nicholls, City of; mayor, aldermen, election_______------ 499, 514, 646, 1480, 1534
HB 1430--Franklin County; commissioners, advisory board, salaries ____._.________499, 514, 646, 650, 754
HB 1431--Franklin County Sheriff; prisoners' food budget__....--499, 514, 646, 650, 754
HB 1432--Fish Farming; unlawful to steal-----1177, 1197, 1361, 1478, 1850, 1891
HB 1435--Glennville, City of; corporate limits___.__.500, 515, 646, 650, 755
HB 1436--Cherokee Judicial Circuit; secretary ______500, 515, 646, 742, 820

2002

INDEX

HB 1437--Folkston-Charlton County Airport Authority; create ____..__-- ________________500, 515, 646, 1219, 1376, 1477
HB 1438--Charlton County Education Board; election ___------...------..._.._----_.------___500, 515, 646, 1219, 1377, 1478
HB 1439--Charlton County Commissioners; add members ........._......._..__....._...._.._500, 515, 647, 1219, 1378, 1478
HB 1440--Camden County; tax offices, consolidate .__........._.__.--.......___._.__..500, 515, 647, 1219, 1379, 1477
HB 1441--Brantley County Sheriff; appoint deputy.._.500, 515, 647, 1481, 1538 HB 1442--Bibb County-Macon; create citizens'
committee on government__.__..__.....850, 860, 945, 1219, 1380, 1478 HB 1443--Cobb Judicial Circuit; officials' salaries...-.__-500, 516, 647, 650, 755 HB 1444--Insurance Contract; assigned risks...._......_~----.1848, 1356, 1518, 1523 HB 1446--Building Administrative Board;
budget unit of Executive Branch ______________........._...._.1835, 1350, 1512 HB 1449--Thomas County Sheriff; .salary__._...__..._..__....501, 516, 647, 650, 755 HB 1450--Rome, City of; general elections--.--._..._._--.--.501, 516, 647, 650, 756 HB 1452--Mountain Judicial Circuit Court; terms____.--714, 727, 800, 808, 882 HB 1453--Insurance Holding Companies;
define, regulate ___....._........___.__1173, 1188, 1369, 1523, 1766 HB 1456--Property Tax Returns;
personal property exempt ..........._.......__..855, 860, 945, 1217, 1470 HB 1459--Higher Education Assistance Corporation;
personnel, expense funds _________1172, 1188, 1370, 1530, 1877 HB 1460--Cities, Counties; occupational tax,
exempt government employees _____.1010, 1016, 1205, 1372, 1618 HB 1461--Charlton County Historical Commission;
create ------__________________,,___-___._______715, 727, 800, 1481, 1538 HB 1462--Folkston, City of; close certain streets._______715, 727, 800, 1481, 1538 HB 1463--Folkston, City of; depository __.._-____________.715, 727, 800, 1481, 1539 HB 1464--Banking Department; increase examination
fees ----_____.------.____________._______853, 860, 945, 1523, 1769 HB 1465--Fulton County Civil Service; residence
requirements _____________________...____,,____715, 728, 801, 957, 1054 HB 1467--Savannah Education Board; membership____715, 728, 801, 808, 882 HB 1468--Atlanta Superior Court; add two judges .____.__.__857, 863, 950 HB 1469--Fulton County Superior Court; division
for juveniles ------.--._.__----____________.___________..._715, 728, 801 HB 1471--Columbia County Electrical Examination
Board; create _________________________________...______715, 728, 801, 808, 883 HB 1472--Automobile License Plates; "Peach State"________._._1344, 1359, 1514 HB 1473--Worth County; tax offices, consolidate_.____915, 932, 1030, 1040, 1226 HB 1474--Madison County Deputy Sheriffs;
compensation .._____.._...__...___._.......716, 728, 801, 809, 883 HB 1475--Arnoldsville, City of; corporate limits__.__716, 728, 801, 809, 883 HB 1476--Securities, Registration; filing bond,
change provisions ..._________________________1176, 1200, 1362, 1523, 1765 HB 1477--DeKalb County Commissioners; membership ______________._____716, 729, 802 HB 1478--Richmond County Associate City Court Judge;
appointment --------------------__.__...._____850, 861, 945, 957, 1055 HB 1480--Probation Board; personnel under merit
system _____._.___.____.._____.______._____...._------.1012, 1016, 1205, 1213, 1469
HB 1481--Trust Institution; define, administer common trust funds ..--.______....___________________723, 736, 807, 954, 1310
HB 1482--Albany, City of; impound animals _._______.__716, 729, 802, 809, 884

INDEX

2003

HB 1483--Bibb County State Court; clerk's bond..-__-_716, 729, 802, 809, 884 HB 1484--Legal Aide Program; staff instructors
participate ________._.--_____-.-__._...__._._.922, 932, 1030, 1528, 1763 HB 1487--Bowdon, Town of; corporate limits--._____..716, 729, 802, 809, 884 HB 1488--Dougherty County; law library .....____...__716, 729, 802, 809, 885 HB 1490--Medicine, Practice of; licensing ___._______.._924, 933, 1030, 1167, 1308 HB 1491--Hinesville, City of; corporate limits._._.__717, 729, 802, 809, 885 HB 1492--Nursing Home Administrators Board;
change name, membership ...___...1172, 1189, 1370, 1374, 1645, 1888 HB 1493--Insurance, Life and Accident;
applicants, re-examination ..........................1172, 1189, 1370, 1523, 1763 HB 1494--Atlanta Housing Authority;
increase membership _..,,...._.......____._1180, 1190, 1367, 1526, 1696 HB 1495--Thomas County Commissioners; create____..784, 796, 876, 1218, 1381 HB 1496--Tobacco Dealers; tax stamps
obtained on account _.__........_........__.....1173, 1189, 1370, 1523, 1765HB 1497--Littering of Property; define, prohibit.................------..1176, 1197, 1366,
1524, 1820, 1892 HB 1498--Madison County Commissioners;
personnel ............_____..._...._.___.__.__..717, 730, 802, 956, 1044 HB 1499--Burke County Education Board;
mid-term transfers __.__-..._._____.__--.717, 730, 802, 1218, 1381, 1476 HB 1500--Murray County Commissioners; compensation...--._...1183, 1197, 136&
1480, 1534 HB 1501--Murray County; officials, compensation........_...........1183, 1197, 1363,
1479, 1552 HB 1502--Union County Industrial Development
Authority; create _....__.....__.-..._.._.__._...717, 730, 803, 809, 885 HB 1503--Union County Ordinary; compensation..____.717, 730, 803, 809, 885 HB 1504--Securities Laws; sales, exemption ...__..854, 861, 945, 1372, 1646, 1888 HB 1506--Beneficiaries, Third Party; warranties of goods ..._....1010, 1017, 1205 HB 1507--Richmond County Coroners; assistants __.....717, 730, 803, 809, 886 HB 1508--Rabun County Ordinary; compensation __785, 796, 876, 1480, 1536 HB 1509--State Patrol; arrests, warrants
on State property ...._...._,,._..-...__...__.....855, 861, 945, 1215, 1768 HB 1510--Bulloch County Tax Commissioner; assistants,
compensation _______.._...._._.____..___717, 730, 803, 809, 879, 1174 HB 1511--Bulloch Superior Court;
personnel, compensation --_.._..__________717, 730, 803, 809, 886 HB 1512--Bulloch County Commissioners;
personnel, compensation _...._.._.___________718, 731, 803, 809, 886 HB 1513--Bulloch County Jailer; compensation ______718, 731, 803, 809, 887 HB 1514--Bulloch County Ordinary; personnel,
compensation __..______...___________718, 731, 803, 809, 887 HB 1515--Attorney General; represent Agriculture
Commissions ._____.__________._......855, 861, 946, 1215, 1664 HB 1516--Stephens County Commissioners;
add member ___._.........__.__________785, 797, 876, 956, 1052 HB 1517--Peach County Education Board;
add two members _._.______________785, 797, 876, 956, 1051 HB 1518--Griffin, City of; commissioners _______._785, 797, 876, 957, 1055
HB 1520--Tax Assessors Board; mail notices _____.924, 933, 1030, 1372, 1666
HB 1521--Ambulance Service; counties levy tax to provide ...._.._____._.__..____.855, 861, 946, 1217, 1489, 1505
HB 1522--Savannah Beach; new charter ___._916, 933, 1030, 1040, 1223, 1474

2004

INDEX

HB 1523--Fulton-DeKalb Counties; bus widths, transit system ___.___________________.....857, 862, 950, 1040, 1225
HB 1524--Tifton, City of; commissioners ______.___._._.._723, 736, 808, 956, 1052, 1164 HB 1525--Legislative Personnel; merit system __________________924, 933, 1030 HB 1528--Quitman, City of; elections __.-_____._.___.___854, 861, 946, 957, 1056 HB 1529--Barrow County Sheriff; personnel,
compensation ___________._...______________ 846, 862, 946, 957, 1056 HB 1530--Douglasville, City of; corporate limits ___._.......916, 933, 1030, 1040, 1226 HB 1531--Gordon County Education Board; create ___.___-846, 862, 946, 1040, 1227 HB 1532--Dawson, City of; new charter _______________1003, 1017, 1205, 1218, 1383 HB 1533--DeKalb County Police Chief; merit system __._846, 862, 946, 1481, 1539 HB 1534--Kinchafoonee Lake Authority; create ______1009, 1017, 1205, 1481, 1540 HB 1535--Day Care Centers; exempted from
Children and Youth Act _._______________1009, 1017, 1205, 1214, 1877 HB 1537--Gwinnett Judicial Circuit; personnel,
compensation _^________________....._.......850, 862, 946, 957, 1056 HB 1538--Butts County Sheriff; expense allowance ...._849, 862, 947, 1480, 1535 HB 1539--Butts County Treasurer; compensation ____..___. 849, 863, 947, 1480, 1533 HB 1540--Butts County Ordinary; personnel,
compensation ...._.__________________..922, 933, 1031, 1480, 1532 HB 1542--Monroe County Education Board;
add two members ..................................________849, 863, 947, 1480, 1533 HB 1543--Wilkinson County Small Claims Court; create ________ 916, 943, 1031 HB 1544--McDuffie County Small Claims Court;
create __________________.__...._______..846, 863, 947, 1040, 1227 HB 1545--Glascock County Small Claims Court;
create __________________________..___._..___..847, 863, 947, 1040, 1227 HB 1546--Henry County Commissioners;
election districts ___.__.___________________847, 863, 947, 957,1057 HB 1547--Colquitt County Commissioners;
districts _______________..._________916, 934, 1031, 1479, 1508, 1548 HB 1548--Colquitt County Education Board;
districts _____________________________.916, 934, 1031, 1040, 1227 HB 1549--Moultrie, City of; corporate limits ______846, 864, 947, 957, 1057 HB 1550--Banks; prohibit loans on purchase of
bank stocks _________________________.____-.1172, 1189, 1364, 1523,1877 HB 1551--Stephens County City Court; officials,
compensation _______________________-_.1179, 1191, 1367, 1480, 1534 HB 1552--Crawford County Tax Commissioner;
salary _____________._.__..________847, 864, 947, 1040, 1221, 1475 HB 1553--Crawford County Commissioners;
compensation __._____._.__________________847, 864, 948, 1040, 1228 HB 1554--Crawford County Sheriff's Office;
compensation _________...____________.._847, 864, 948, 1040, 1228 HB 1555--Crawford County Superior Court Clerk;
compensation ________.____________________847, 864, 948, 1040, 1228 HB 1556--Crawford County Treasurer; compensation _847, 864, 948, 1040, 1229 HB 1557--Crawford County Ordinary; compensation ____847, 864, 948, 1040, 1229 HB 1559--Ashburn, City of; corporate limits __________848, 865, 948, 957, 1057 HB 1560--Echols County Sheriff; compensation _______848, 865, 948, 957, 1058
HB 1561--Constitutional Amendments Publications Board; create ____________________855, 865, 948, 1213, 1819, 1823, 1855, 1871, 1872
HB 1562--Woodbury, City of; corporate limits _________.__785, 797, 876, 956, 1052
HB 1563--Banks County Commissioners; election .__.916, 934, 1031, 1040, 1229

INDEX

2005

HB 1564--Paulding County Water Authority; duties __.848, 865, 949, 957, 1058 HB 1565--DeKalb County Juvenile Court Judges;
compensation _____________________________848, 865, 949, 1040, 1222, 1475 HB 1568--Hazlehurst, City of; commissioners, election....848, 856, 949, 1479, 1551 HB 1569--Jeff Davis County Small Claims Court;
create ___________________________________.__....848, 866, 949, 1479, 1551 HB 1570--Taylor County Tax Commissioner;
compensation ______-_____________.,,.______,,_______..______.848, 866, 949 HB 1571--Taylor County Sheriff's Office; compensation _,,____......_...._ 849, 866, 949 HB 1572--Atlanta; astrology, license fee ......___..........849, 866, 949, 1526, 1696 HB 1575--Baker County Ordinary; compensation _______ 849, 866, 950, 957, 1058 HB 1576--Criminal Arrest Proceedings; warrants,
affidavit form _...-._...._._.__.__....______..____....___.._.1176, 1200, 1362, 1483, 1764 HB 1577--Marietta Education Board; medical
insurance _____.__.___..________._____.______________.916, 935, 1031, 1040, 1230 HB 1578--Austell, City of; corporate limits __..___.916, 934, 1031, 1040, 1220, 1475 HB 1579--Kennesaw, City of; elections ___....._.......917, 935, 1032, 1040, 1230 HB 1580--Cobb County Judicial Circuit; assistant __.917, 935, 1032, 1040, 1230 HB 1581--Acworth, City of; provide penalties ,,____917, 935, 1032, 1040, 1231 HB 1582--Towns Industrial Development Authority;
create _._._.-_.-...___________.___________________. 917, 935, 1032, 1040, 1231 HB 1583--Marshallville, City of; new charter ....___..917, 935, 1032, 1040, 1231 HB 1584--Lanier County Ordinary; compensation ........917, 936, 1032, 1040, 1232 HB 1585--Lanier County Education Board; create ____.917, 936, 1032, 1040, 1232 HB 1586--Bleckley County Sheriff; deputies,
compensation _____.,,___._________...._._...917, 936, 1032, 1479, 1551 HB 1587--Bleckley County Tax Collector;
compensation _____________________________._____.918, 936, 1033, 1479, 1546 HB 1588--Rockdale County Coroner; compensation ....918, 936, 1033, 1040, 1232 HB 1589--Multiple Prosecution; time for pre-trial
motion to separate _____________________.1097, 1163, 1204, 1683, 1813 HB 1590--Conyers Mayor, Aldermen; election _________.918, 936, 1033, 1040, 1233 HB 1592--Lyons, City of; councilmen, veto ____.__._.918, 936, 1033, 1040, 1233 HB 1593--Richmond County; budget .....__...__..._918, 937, 1033, 1481, 1537 HB 1594--Camden County Historical Commission;
create _......__.._.____________.____________________918, 937, 1033, 1481, 1538 HB 1596--Miller County Education Board;
compensation ___,,__.________.__....__.......... 918, 937, 1033, 1040, 1233 HB 1597--Decatur County Sheriff; compensation _______918, 937, 1033, 1040,1234 HB 1599--Blackshear Mayor's Court;
election of judge _______________________.__.___..919, 937, 1034, 1482, 1537 HB 1600--Santa Clause, City of; change name ...._.....919, 937, 1034, 1040, 1234
HB 1601--Oconee Judicial Circuit; employees, compensation _______________..__._....__.__.919, 938, 1034, 1484, 1663
HB 1602--Plovilla, City of; new charter _________________919, 938, 1034, 1480, 1532
HB 1603--School Buses; specifications ................1335, 1350, 1513, 1527, 1735, 1889
HB 1604--Charlton County Commissioners; meeting days .-..-..._...-..._.._._-.______-_____.___._.849, 867, 950, 1482, 1531
HB 1606--Summerville, City of; Mayor & Records Court ..__.___._____._.-__._..___.______.849, 867, 950, 957, 1059
HB 1607--Chattooga County Sheriff; deputies, compensation _________________________________ 850, 867, 950, 957, 1059
HB 1608--Powder Springs, City of; corporate limits ... 919, 938, 1034, 1040, 1234
HB 1609--Rome Recorder's Court; change name __.1003, 1017, 1206, 1482, 1532

2006

INDEX

HB 1610--Augusta Municipal Courts; define jurisdiction and powers ___.____..____.__....919, 938, 1034, 1040, 1220, 1475
HB 1611--Elberta, City of; repeal incorporation ___..919, 938, 1034, 1040, 1235 HB 1612--Bulloch County Education Board;
create _._,,___,,_.____.........___.____....._850, 867, 950, 957, 1059 HB 1613--Unclaimed Dead Bodies; pay for
distribution of ,,.-.._-._._...._._.....__-... ............922, 938, 1034, 1167, 1299 HB 1614--Liberty County Sheriff's Office;
compensation ________._____....___..__..__.__._______.919, 939, 1035, 1041, 1235 HB 1615--Real Estate Agents; unlawful to coerce
persons to sell or rent ..............__..___1097, 1163, 1203, 1684, 1813, 1872 HB 1616--Pike County Deputy Tax Commissioner;
compensation ....______.__________,,.__._..------_____________.920, 939, 1035, 1480, 1557 HB 1617--Pike County Tax Commissioner;
compensation ________________..__,,.-.-_.--__.__..___.920, 939, 1035, 1480, 1554 HB 1618--Marion County Superior Court Clerk;
compensation ......_....__.________...._.._________. ....__1336, 1350, 1513, 1525, 1696 HB 1619--Marion County Sheriff's Office;
compensation __________________...._____..............920, 939, 1035, 1041, 1235 HB 1620--Marion County Tax Commissioner;
compensation _______._---__._._.._ 920, 939, 1035, 1041, 1236 HB 1621--Smyrna, City of; corporate limits ...... _.._.1180, 1191, 1367, 1479, 1546 HB 1622--Plumbing Contractors; examination ............1012, 1017, 1206, 1376, 1662 HB 1623--Richmond County Personnel Commission;
create ...................... ......................._......._..,,.,,,,..... ..1183, 1191, 1367 HB 1626--Ocmulgee Judicial Circuit Court Reporter;
salary .._.-.-.-.-.....-....._...__...__-._...-_._._._..920, 939, 1035, 1484, 1661 HB 1627--Riverdale, City of; elections _..._._.._..__.1003, 1018, 1206, 1482, 1542 HB 1628--Clayton County Sheriff, Superior Court
Clerk; salaries ...._...._.____.--...-_____...._1004, 1018, 1206, 1482, 1540 HB 1629--Clayton County; judge, solicitor; salaries ....1004,1018,1206,1482,1540 HB 1630--Clayton County Tax Commissioner;
compensation .._____.___.-_..-....-..........-._.__......1004, 1018, 1206, 1219, 1385 HB 1631--Clayton County; removal of abandoned motor
vehicles __._.___-----..__.__...1004,1018,1206,1482,1541 HB 1632--Clayton County Judicial Circuit Court
Reporter; salary ...._._______...._-........._...._._..1004, 1019, 1207, 1484, 1660 HB 1633--Clayton County Coroner; compensation ....1004, 1019, 1207, 1482, 1541 HB 1634--Clayton County; street light districts ____.1004, 1019, 1207, 1482, 1541 HB 1635--Clayton County Civil Service Board;
terms ____.. .......-..-----_.......1005, 1019, 1207, 1482, 1542 HB 1636--Richmond County; recreation program ......1005, 1019, 1207, 1526, 1695 HB 1637--Richmond County; animal control .______._._ 1005, 1019, 1207, 1479, 1543 HB 1639--Mountain Judicial Circuit Court
Reporter; salary ....___..__.._..........._ ............. 920, 940, 1035, 1484, 1661
HB 1640--Decatur, City of; corporate limits ......_...1005, 1020, 1207, 1682, 1878
HB 1642--Ployd County City Court; change to state court ..............._____.-._..-__.......-...__-........__1005, 1020, 1208, 1482, 1542
HB 1645--Dawson County Sheriff; provided automobile .._..,,_...._.....,,........_._.-..--__........1005, 1020, 1208, 1482, 1545
HB 1646--Hall County; annual audit ,,___...__--__.______1006, 1020, 1208, 1482, 1545
HB 1647--Warner Robins; corporate limits .__-..._...._...1006, 1020, 1208, 1525, 1697
HB 1649--Pitts, City of; new charter ...._________..__..___.._.1180, 1191, 1364, 1480, 1553
HB 1651--Public Schools; prohibit discrimination ......1098, 1164, 1203, 1374, 1785

INDEX

2007

HB 1652--Gwinnett County Water and Sewage Authority; create --.----__------------___1181, 1191, 1364, 1480, 1553
HB 1653--DeKalb County Solicitors; compensation ----_.___,,___,,..________1006, 1020, 1208, 1482, 1547, 1889
HB 1654--Meriwether County Commissioners; election ________----------___------_--------._--1006, 1021, 1208, 1482, 1546
HB 1656--Schools; state funds appropriated to reduce local share ----_________------------__...........1338, 1352, 1514, 1527
HB 1657--Atlanta Civil Court; pleadings ___----__.__1006, 1021, 1208, 1684, 1769 HB 1658--Upson County Commissioners;
compensation --_----------------.------___..1006, 1021, 1208, 1482, 1544 HB 1659--Thomaston Tax Commissioner;
receive returns ......_.----_.------------------1006, 1021, 1209, 1482, 1544 HB 1660--Upson County Chief Deputy Sheriff;
compensation ___._--________--__--------------_1007, 1021, 1209, 1482, 1545 HB 1661--Upson County Commissioners;
powers and duties ...__...._____._.._..................-...1007, 1021, 1209, 1482, 1558 HB 1662--Newton County Water Authority;
create ....___----_.___..._____------------------1007, 1022, 1209, 1482, 1543 HB 1663--Blasting Vicinity of Gas Lines;
requirements ..___...._..............._....._......1176, 1199, 1363, 1411, 1484, 1618 HB 1667--Cordele, City of; amusement tax, movies ....1181, 1191, 1364, 1480, 1552 HB 1668--Crisp County; amusement tax,
movies .------.----------------__-______1181, 1192, 1364, 1480, 1510, 1547 HB 1670--Salt Water Crawfish; possession of ____-927, 941, 1037, 1215, 1617 HB 1671--Worth County Superior Court Clerk;
compensation .__..____._..................... 1007, 1022, 1209, 1219, 1385, 1477 HB 1672--Worth County Ordinary; compensation ......1007, 1022, 1209, 1482, 1536 HB 1673--Temple, Town of; corporate limits _.._...__1007, 1022, 1209, 1480, 1555 HB 1674--Grovetown City Officials; compensation --1176, 1197, 1367, 1480, 1556 HB 1676--Worth County Sheriff; compensation __..1007, 1022, 1210, 1482, 1533 HB 1678--Haralson County Tax Commissioner;
personnel, salary _------------------_._------1008, 1022, 1210, 1482, 1536 HB 1679--Albany, City of; corporate limits ..__--...._.. 1176, 1192, 1364, 1525, 1697 HB 1681--Wilkinson County Small Claims
Court; create ____..._--____----_____----------.-_.----.------...1181, 1192, 1364 HB 1682--Butts County; criminal cases, costs ............1181, 1192, 1365, 1480, 1556 HB 1683--Butts County Sheriff; uniforms ._..........-_..1182, 1192, 1365, 1480, 1556 HB 1684--Butts County Tax Collector; personnel,
salary ____.----_----.__.__----_-____.______----------_1181, 1192, 1366, 1481, 1557 HB 1686--Doraville, City of; corporate limits -....--..1173, 1189, 1364, 1481, 1557 HB 1689--Fulton County Elections Board;
extend authority ------..........------..__._._.._.1181, 1193, 1366, 1525, 1697 HB 1690--Clinch County Ordinary; compensation ----1008, 1022, 1210, 1482, 1537 HB 1691--Atlanta; extend corporate limits ------_.___ 1181, 1193, 1366, 1526, 1694 HB 1692--East Point; corporate limits .....------.....-- 1182, 1193, 1366, 1526, 1695 HB 1693--Pulaski County Deputy Tax Commissioner;
compensation __________________________------..____.1182, 1193, 1371, 1481, 1554 HB 1694--Pulaski County; fire districts --------------. 1182, 1193, 1371, 1479, 1543 HB 1695--Pulaski County Superior Court;
personnel, salary -_______._-_.___....__----------1182, 1193, 1371, 1481, 1554
HB 1696--Taxicabs; sales tax on gross receipts ....--1174, 1189, 1365, 1523, 1764
HB 1697--Ware County; redevelopment, municipality mean county ..--.........--.----..----------_--1182, 1193, 1371, 1525, 1698
HB 1698--Waycross Mayor; compensation --------..1182, 1193, 1371, 1525, 1698

2008

INDEX

HB 1699--Macon Recorder's Court; change to municipal court .._.__.,,__..._._____.1180, 1194, 1372, 1479, 1544
HB 1701--Minors; parents binding out _______.1173, 1190, 1365, 1484, 1766 HB 1704--Dooly County Deputy Sheriff;
compensation ...........__...___.__......._..1339, 1352, 1515, 1526, 1695 HB 1705--Valdosta; corporate limits ...._____.__..1180, 1194, 1370, 1481, 1553 HB 1707--Grady County; depository _.___.........__.1339, 1352, 1515, 1526, 1698 HB 1708--Newton County Juvenile Court
Judge; compensation ...........__...._.__._1339, 1353, 1515,1525, 1693 HB 1709--Clarke County Magistrate's Court;
office hours ...._...............___....................1180, 1194, 1372, 1481, 1555 HB 1710--Paulding County Tax Commissioner;
compensation ....__...__._._..._._...___._.._......_.....1339, 1353, 1515, 1525, 1691 HB 1711--Paulding County Commissioner;
compensation ....______________.1339, 1353, 1515, 1525, 1692 HB 1712--Paulding County Officials;
compensation .............._.....__.._._.__.._.____._____1339, 1353, 1515, 1525, 1692 HB 1713--Clarke County City Court; special
investigator, salary ....________._._......1180, 1194, 1370, 1481, 1555 HB 1714--Bibb County; admission to lakes exempt
from sales tax .___....._._........._._.__........_...........____1180, 1194, 1370 HB 1715--Commerce, City of; officials,
change election ............__............__.1336, 1351, 1513, 1526, 1686, 1888 HB 1716--Commerce, City of; election dates ___.....1336, 1351, 1513, 1526, 1693 HB 1717--Commerce City Manager; election _.___.....1336, 1351,1513,1526, 1692 HB 1718--Commerce, City of; education board,
election ._........._____....._____1337, 1351, 1513, 1526, 1687, 1888 HB 1719--Commerce Mayor's Court; change to
recorder's court ........___....__..__.......1336, 1351, 1513, 1526, 1688, 1889 HB 1720--Cornelia, City of; fire districts __.__.....1339, 1353, 1515, 1525, 1691 HB 1721--Cornelia, City of; mayor's term ._..__.....1340, 1354, 1516, 1525, 1690 HB 1722--Mt. Airy, Town of; mayor, election ....__1340, 1354, 1516, 1525, 1691 HB 1723--DeKalb County Community Relations
Commission; create .._._.........._._....._._._..........1340, 1354, 1516, 1525, 1690 HB 1724--Greensboro, City of; recorder's court ........1340, 1354, 1516, 1525, 1694 HB 1725--Eatonton, City of; corporate limits .............1340, 1354, 1516, 1525, 1694 HB 1727--Lamar County Commission; compensation __,,.___.__._.....__.__.._.......1885
HB 1728--Whitesburg, Town of; officials, qualifications ........__.................__..............1340, 1354, 1516, 1525, 1699
HB 1729--Screven County Sheriff; deputies ...............1340, 1354, 1516, 1525, 1701 HB 1730--Washington County Education Board;
add two members __....__................._.....1340, 1355, 1517, 1525, 1701 HB 1731--Washington County Sheriff; additional
deputies __________________.____._1341, 1355, 1517, 1525, 1700 HB 1732--Polk County Commissioners;
expense accounts ....__.._._....._......._._.__......1341, 1355, 1517, 1525, 1690 HB. 1733--Decatur County Criminal Court;
officials, compensation ___..__....____...__.__.---.1341, 1355, 1517, 1525, 1700 HB 1734--Lowndes County Utilities Authority;
create .___.___...._............................._._...__..__..........1341, 1355, 1517, 1525, 1689
HB 1735--Malt Beverages; license, excise tax __......1343, 1355, 1517, 1523, 1769
HB 1736--Ware County Commissioners; chairman, compensation ......_.._...._.._..._...__......_._.._..__1341, 1356, 1517, 1525, 1699
HB 1737--Superior Court Clerks; invest funds, registry ._..........____...............___.....1344, 1360, 1518, 1524, 1878

INDEX

2009

HB 1738--General Assembly; special elections for filling vacancies ._.__.__..______.____1343, 1356, 1518, 1529, 1734, 1888
HB 1740--Richmond County Tax Collector; school taxes ____..._.._...__.___.._.__.___1343, 1356, 1518, 1525, 1700
HB 1741--Richmond County; employees, compensation ___.___.____...___________._______-1343, 1356, 1518, 1526, 1693
HB 1742--Atlanta Personnel Board; add two members _........._..__._.___________.________________________ 1341, 1356, 1518
HB 1745--Taylor County Ordinary; compensation _____________ .....1341, 1358, 1518 HB 1746--Webster County Commission Clerk;
compensation _....__--........_._____1341, 1358, 1519, 1525, 1699
HOUSE RESOLUTIONS
HR 39--State Bird; Bobwhite quail .___________.--..-._______.___.922, 940, 1035, 1216 HR 55--Mr. Frank Flanders; compensate _..._____-309, 315, 350, 395, 541 HR 96--Mr. Clarence Salmon; compensate __________.___.809, 316, 350, 395, 536 HR 196--Constitutional Amendments; provide
effective date _....___......_.._......_____________________ ...____._.__..____.58, 90 HR 204--Ad Valorem Tax; exempt certain non-profit
corporations ..__...._...__ _,,___._____..___._________._,,.___....._. ___.352, 1305, 1505 HR 258--Chattahoochee Judicial Circuit Study
Committee; create ................_......._..............--.___._.............._....__._..._12 HR 259--Gwinnett County District Attorney; State
library furnish books ....__......_..._...._......__..___..... 232, 237, 264, 321, 359 HR 276--Black Rock Mountain State Park;
land easement ....................__.........______............. 232, 238, 265, 352 HR 280--Georgia Congressional Delegation; urged to
support House Resolution 2500 _._..__,,__...._--.................,,..,,.__... 12 HR 299--Mr. Willis Holloway; compensate ....................851, 867, 951, 1038, 1312 HR 302--Dr. J. J. Word; compensate .........____.....1342, 1359, 1519, 1522, 1761 HR 508--Notify Senate that House has convened ......_.._......._.__...__..__..._._.15 HR 509--Notify Governor that General Assembly
has convened ....,,.__,,__.__._..___.__..._...__.__..__-_.._._.._.________..._._-._...__._..________16, 17 HR 512--Joint Session; State of State address
by Governor Maddox, Jan. 13 .____________.__...._16, 17, 23 HR 513--Joint Session; budget address
by Governor Maddox, Jan. 15 __.._.__._.----...--.-......_........._____16, 17, 60 HR 514--New State Constitution; proposing __..__....._..._........___.___179, 184, 202 HR 515--Joint Session; address by Senator
Herman Talmadge, Jan. 14 _._._._._.........,,.__..._......__.____.... ............22, 44 HR 517--Fayette County Education Board; appoint
school superintendent __..___-..._____._.___..................__118, 121, 142, 242, 271
HR 518--Fayette County Education Board; education districts .,,......-_......._.........__.___..._........118, 121, 142, 242, 273
HR 519--Ad Valorem Tax; exempt stored peanuts .--923, 940, 1036, 1217, 1421
HR 520--Mr. Charles J. Strain; compensate ........__......851, 867, 951, 1038, 1314
HR 521--"Chattahoochee Trail"; BlakelyColumbus route ______._______._________._.______._..__._....-____...___.383, 388, 428, 650, 756
HR 523--Fitzgerald-Ben Hill County; merge school districts _.-....___._...__._....._....._..._.__...119, 122, 142, 242, 276
HR 524--Farmers Home Administration; requesting relief ...._._._._....._.........._._.....___,,___ 722, 734, 806, 808, 1000
HR 535--Joint Highway Laws Study Committee; recreate ..........._____________________________...__.........383, 389, 428, 652

2010

INDEX

HR 537--Grady County Electric Membership Corporation; compensate __.______________________.._______309, 316, 350, 395, 537
HR 541--Mr. Jimmy W. Hall; compensate ___.851, 867, 951, 1039, 1313, 1890 HR 543--Bibb County; lease land to U. S.
Agriculture Department ___--________.___-211, 215, 241, 351, 399 HR 544--Ad Valorem Tax; household
exemptions _____________________________290, 294, 320, 396, 1485, 1891 HR 545--Urban Transit System Sales Tax;
ratify Executive Order ____________.____.__232, 238, 265, 396, 439 HR 546--Retirement Systems Study Committee,
Consolidated; create __________________________211, 215, 241, 527, 829 HR 548--Mr. Morris Benbenisty; compensate ______ _ -310, 316, 350, 395, 538 HR 550--Mr. Boyd Garner; compensate __________852, 868, 951, 1038, 1315 HR 551--Mr. Willie Linder; compensate .____________310, 316, 350, 395, 539 HR 553--Dr. James W. Smith; compensate __1342, 1359, 1519, 1522, 1744, 1890 HR 554--Tattnall County; compensate __________852, 868, 951, 1037, 1316 HR 560--State Housing Goal; establish ___________339, 346, 394, 810, 1000 HR 562--Mr. Robert Ayles and Miss Robbin Ayles;
compensate __________________________.._________852, 868, 951, 1038, 1317 HR 563--Mr. A. M. Cagle; compensate ____________________851, 868, 951, 1038, 1318 HR 564--Mrs. Mary E. Carter; compensate _____...__852, 868, 951, 1038, 1319 HR 565--Mr. George Frank Cash; compensate .__.___852, 868, 951, 1039, 1319 HR 566--Wilmot McRae Greene, Jr.;
compensate ________________________,,_______1342, 1359, 1519, 1522, 1745 HR 573--Gainesville High School; commend ___________________________119, 131 HR 576--Mr. Robert H. Lee; compensate _______________..310, 316, 350, 395, 540 HR 577--Mr. Aubrey M. Honeycutt; compensate _______.310, 316, 350, 395, 541 HR 578--Mr. John B. Merritt; compensate .__________1342, 1359, 1519, 1522, 1761
compensate _______________________________1342, 1359, 1519, 1522, 1761 HR 579--Hensley Office Equipment Company;
compensate _..._________________________.__.____852, 868, 951, 1213 HR 581--Dr. Grady Wilson; welcome ________________.._.___.______...___119, 131 HR 583--Peach County Industrial Development
Authority; receive tax receipts ______________ ....232, 238, 265, 1525, 1703 HR 584--Coweta County; indebtedness water,
sewerage purposes ,,________________..._____.__.__232, 238, 265, 321, 409 HR 585--Mr. Joe B. Hogan; compensate ________________________310, 316, 350, 395, 542 HR 586--Mr. Hubert R. Wood; compensate _______________.__..____462, 467, 520, 521, 706 HR 587--Disabled Veterans; homestead
exemption _______________________._________________ 232, 238, 265, 954, 1289 HR 591--Mr. James Elliott Kee; compensate ____.________310, 316, 350, 395, 543 HR 592--Mr. Joe Alien Rahn, Jr.;
compensate ______________________________________________310, 317, 350, 395, 544 HR 593--Mr. Dell D. Gledhill; compensate _______________.__310, 317, 351, 395, 545 HR 596--Mr. Annette Harrison; compensate ____________ .851, 868, 952, 1038, 1320 HR 600--Mr. Willie James Rucker;
compensate __________._____.__.___._._______.._______._______310, 317, 351, 395, 546 HR 603--Gwinnett County Commissioners;
authorize to enact ordinances ________________._________232, 238, 265, 321, 412
HR 604--Mr. Frank K. Story, Jr. and Mrs. Fan Young Story; compensate _____________________________.____463, 467, 520, 521, 707
HR 605--Mrs. Juanita W. Worsham; compensate __________._310, 317, 351, 395, 546
HR 606--Mrs. A. O. Hodges; compensate _____________________311, 317, 351, 395, 547
HR 609--Agriculture Commissioner; find substitute crop for tobacco ____________________________________________194, 198

INDEX

2011

HR 611--Mrs. Roy R. Williams; commend --------_______.___.__....._..--.........194, 204 HR 612--Honorable Spiro T. Agnew; commend _.._________.._.____..____.__..__194, 204 HR 614--Traffic Safety Study Committee;
create -._._...___.-_____-__________,,______...1177, 1198, 1363, 1685, 1874 HR 615--Mr. E. H. Hartman, Sr.; compensate ______..463, 467, 520, 521, 708 HR 617--Spalding County Grand Jury; review
officials' salaries ________________________......339, 346, 394, 651, 1079, 1475 HR 618--Payette County Grand Jury; review
officials' salaries ___,,________________________________339, 347, 394, 397, 445 HR 619--Mr. James Hoyt Hosey; compensate .._.___..._____.463, 468, 520, 521, 709 HR 621--Juvenile Court Law Study
Commission; create __.._____________._._._____.1177,1199, 1362,1685, 1854, 1890 HR 623--State Fish; largemouth bass .........___._.309, 317, 351, 648, 1312 HR 624--State Employees' and Teachers' Retirement;
increase benefits _._.__.._......._______..___..787, 797, 876, 1485, 1629, 1675, 1739 HR 625--Teachers; urge discontinuance of Life
Professional Certificates _._._....._._._..._.___________212, 215, 810, 967 HR 632--Mr. John H. Moore; compensate __.........__....._463, 468, 520, 521, 710 HR 633--Mr. William P. Roberts; compensate ............... 852, 869, 952, 1039, 1321 HR 636--Honorable Howard Simmons; compensate __..._____--.852, 869, 952, 1213 HR 637--District Attorneys Association; receive
training grants __._.______....._._..--.-.-..-__......1174, 1190, 1365, 1684, 1776 HR 639--LaGrange-Troup County School Systems;
merge _._________._.__--.-.---------..._..__.. 339, 347, 394, 397, 447 HR 641--Liberty County; conveyance of
property ...._....._....__....._.__.._......._.....____...1010, 1023, 1210, 1213, 1420 HR 642--Mr. D. R. Corley; compensate ................_________..___.463, 468, 520, 521, 710 HR 643--Peach County Superior Court;
library furnish records __._...._.__..._.._._..__________.417, 423, 472, 650, 757 HR 644--Mrs. Sam Gray; compensate ......_.__........__......463, 468, 520, 521, 711 HR 645--Mr. T. L. Phillips; compensate ....................__..._852, 869, 952, 1038, 1322 HR 647--Glynn County; water and sewage tax ........1335, 1351, 1513, 1525, 1711 HR 648--Glynn County Public Improvement
Authority; create ........................................1179, 1198, 1363, 1480, 1570 HR 651--Hall County Commissioners;
assess taxes ...._..___.______.________.-..__....--___..___._______.381, 389, 428, 523, 682 HR 652--Merit System; Personnel Board membership ....__....._1177, 1199, 1362 HR 655--State Properties Control Commission;
W&A Railroad lease __._.____-_----_-_______927, 941, 1037, 1043, 1311 HR 659--Ad Valorem Tax; non-profit hospitals
exempt ..................___.___.___.______.____.__..417, 424, 472, 745, 986, 1186, 1286 HR 660--American Revolution Bicentennial
Commission; create ................_-.................__......... 1345, 1360, 1520, 1685 HR 661--Mr. V. S. Nations; compensate _________..._________.._852, 869, 952, 1038, 1323 HR 664--Thomaston-Upson County Tax Assessors;
consolidate _..._._._._.__._._,,.__--.--.-____._____.. 503, 516, 647, 651, 1087 HR 665--Newton County; governing authority
enact ordinances ________.__.___.._.____..__......382, 389, 428, 956, 1073, 1476 HR 668--Milledgeville; water and sewer
easements .......__..________________________.721, 734, 806, 1213, 1419
HR 669--Houston County Education Board; grants to handicapped ___________._____.___.___.________..417, 424, 472, 651, 1060
HR 671--Douglas County; centennial year _......___..................................._340, 359
HR 672--Canton, City of; Governor convey land to ._.................................................721, 734, 806, 1213, 1420

2012

INDEX

HR 673--Mr. James West; compensate ......._.._._..._.._._...__1S57, 1519, 1522, 1760 HR 674--Mr. James R. Ledford; compensate ___________.853, 869, 952, 1038, 1324 HR 675--Mr. James W. Fields; compensate __.__________-1342, 1357, 1519, 1522, 1759 HR 676--Mr. V. E. Sisk; compensate ___..__________________.1342, 1358, 1519, 1522, 1758 HR 680--Henry County Commissioners;
regulate businesses .._.._......._.__......_____..503, 516, 647, 809, 1076, 1475 HR 681--Mr. Everett F. Kitchen; compensate ._________-..___853, 869, 952, 1038, 1325 HR 682--Sales Tax; exempt Holy Bible,
Executive order _....._.....___..._...._....._1010, 1023, 1210, 1302, 1372, 1659 HR 683--Sales Tax; exempt certain property,
Executive Order -._..,,.____..__....___ ___________._______1011, 1023, 1210, 1217, 1472 HR 684--Ad Valorem Tax; exempt certain motor
vehicles, Executive Order .__.__.-____.__,,__ _________1011, 1023, 1210, 1217, 1472 HR 685--Sales Tax; exempt transit system,
Executive Order .___.____._.___._______._________..____1011, 1023, 1210, 1217, 1473 HR 686--Sales Tax; exempt school food,
Executive Order _._______-__.______..__._._____.___1011, 1023, 1211, 1217, 1473 HR 687--Taxes on Certain Leases; land, tenements,
timber exempt by Executive Order _.__.___..1011, 1024, 1211, 1217, 1471 HR 688--Sales Tax; exempt non-profit hospitals,
Executive Order __________._______.__,_.______.______1011, 1024, 1211, 1217, 1473 HR 691--Mr. William C. Vonier; compensate ___.___.__. 1342, 1358, 1519, 1522, 1757 HR 692--Carroll County Vocational Technical
School; create ___.__________.._______._________.____-.____..,,...__. 503, 516, 648, 651, 1063 HR 693--Mr. Hubert You; compensate ___.,,___-_________ 853, 869, 952, 1038, 1326 HR 694--State Bird; brown thrasher ___._______....__..926, 940, 1036, 1216, 1813, 1891 HR 695--DeKalb County Retirement System Study
Committee; create .-__.......___.._.._.___.__...__...._503, 517, 648, 742, 823, 1013 HR 696--Mr. B. F. Ogburn and Rev. Inman Gerald;
compensate -________._-__..__-____.________-________.__-_-_1342, 1358, 1519, 1522, 1756 HR 697--Mr. Bill Pullen; compensate _______________.___...853. 869, 952, 1038, 1327 HR 700--Mr. Walter A. Collins; compensate _____________.____853, 870, 952, 1038, 1327 HR 701--Mrs. Hazel Thompson Whitaker;
compensate _-______._.____-_._._._-__-____-___-___________ 1342, 1358, 1520, 1522, 1755 HR 702--Mr. Henry Akins; compensate ___..____________._.____853, 870, 953, 1039, 1328 HR 703--State Patrolmen; five-day work week ___.____1013, 1024, 1211, 1215, 1660 HR 704--Conyers, City of; homestead exemptions,
certain cases ______________.__._________^___-__________1345, 1360, 1520, 1525, 1718 HR 705--Mrs. Martha C. Owens; compensate __-._______-__853, 870, 953, 1039, 1329 HR 707--Homestead Exemptions;
multiple ownership _______________________._____.855, 870, 953, 1217, 1495, 1619 HR 711--Mr. Bob Johnston; compensate ___._..____.__-____855, 870, 953, 1039, 1330 HR 712--Mr. John W. Hurst; compensate ._.._._.___-__1342, 1358, 1520, 1522, 1754 HR 716--Architectural and Engineering Firms;
business with State _____.________,.1345, 1360, 1520, 1684, 1852, 1853, 1871 HR 721--Mr. Levi E. Akins; compensate ________1343, 1358, 1520, 1522, 1755 HR 722--Ad Valorem Tax; churches' motor
vehicles exempt ________________ _______.-._._^._,_-_ ______ 923, 940, 1036, 1217, 1493 HR 724--Mr. Warren A. Presley; compensate _-_____^_-._.853, 870, 953, 1039, 1331 HR 725--Paulding County; governing authority
enact ordinances _--__...._-__.__--..--.------______718, 735, 806, 809, 1068
HR 726--Paulding County; sewage districts ______._____________718, 735, 807, 809, 1071
HR 727--Paulding County; fire districts _______._______.__,.____718, 735, 807, 809, 1067
HR 730--Winder-Barrow County School Systems; merge __..___._--_______.--__ __--,,__._--__.- --_-_-__---850, 870, 953, 957, 108i

INDEX

2013

HR 732--Lee County; regulate businesses ----___..___.____-._.850, 871, 953, 957, 1065 HR 733--Brown Thrasher State Park; formerly
Gordonia Altamaha _----------------_----..-..------1012, 1024, 1211 HR 735--Civil Actions Against State; General
Assembly provide for --.______.----.___.__.--_.._..._ 1335, 1352, 1514, 1685 HR 736--DeKalb City and County Government;
General Assembly create ____-..___.._.__._1335, 1352, 1480, 1514, 1725, 1891 HR 738--Albany Development Authority;
create -.__._.__-___-_____._____..._.____-_..______.._-851, 871, 953, 1482, 1509, 1587 HR 739--Motor Transport Study Committee;
create _._-.._.-_----------_------------_------..926, 940, 1036, 1685, 1831 HR 740--Union Station Downtown Development
Corporation; create ._._.__----_-__--__________.__1345, 1360, 1520, 1528, 1849 HR 742--Fitzgerald-Ben Hill Development Authority;
receive tax receipts ...........--_.._._._______,,_,,_-_-920, 941, 1036, 1041, 1393 HR 743--Augusta; historic zones ------_.------------921, 941, 1036, 1482, 1558 HR 746--Lockheed-Georgia Company; commend _------------.---- __------.722, 782 HR 761--Tobacco Farmers; use approved pesticides -.-..--722, 736, 808, 1492 HR 773--Georgia Tech vs. Georgia Football Game;
be televised __..-- -.__------------_--------.----------........ 723, 736, 879 HR 806--Marietta Parking Authority; create ...---...921, 941, 1036, 1041, 1395 HR 807--Constitution Revision Commission
Members; compensate ____.._----________..__--_-1344, 1357, 1520, 1523, 1743 HR 810--Richmond County; street light districts -.1008, 1024, 1211, 1480, 1568 HR 811--Richmond County; regulate
businesses _....--______._____--__.____.---- 1178, 1195, 1370, 1682, 1722, 1890 HR 812--Gwinnett County Commissioners;
establish districts for public services ...._1008, 1025, 1212, 1482, 1560 HR 813--Baldwin County Education Board; lease
contract, State Property .__--______.--------------....----..1012, 1025, 1212 HR 814--West Jackson County Fire District;
create _------.--------------------._ ..1012, 1025, 1212, 1481, 1508, 1600 HR 815--Hart County Property; transfer to
Game and Fish Commission --.__._--_______.....1173, 1190, 1365, 1373, 1659 HR 824--Cairo Development Authority;
interest rate on bonds ----_.__..--_._.__.......1179, 1195, 1371, 1481, 1584 HR 825--Marietta Development Authority;
create .-------------- ..------ ....1008, 1025, 1212, 1481, 1508, 1591 HR 827--Augusta-Richmond County; consolidate
governing authorities --.___...._._--._,,________________.1345, 1360, 1521 HR 828--Dangerous Substances Control
Commission; create __._._.___.___--______________.--......1173, 1190, 1365, 1375
HR 829--Surplus State Property; convey _._____1177, 1198, 1363, 1484, 1658
HR 830--Albany-Dougherty County Public Service Commissions; merge -_--_--_--_......__--_..__.___1345, 1361, 1521
HR 841--Clinch County Education Board; election of members ....----...______________...1008, 1025, 1212, 1482, 1563
HR 842--Clinch County; tax offices, consolidate ..... 1178, 1195, 1371, 1525, 1710
HR 843--Ware County Sheriff; powers -----------..-------...,.1008,1025,1212,1479,1566,1679,1792
HR 844--Smyrna Development Authority; establish ------------__........___.__.___1336, 1351, 1514, 1524, 1704
HR 846--South Fulton Single Municipality Study Committee; create _____._.........1179, 1199, 1362, 1479, 1550, 1890

2014

INDEX

HR 848--Meriwether County Superior Court;
library furnish law books __..__...___.._1178, 1195, 1368, 1523, 1874 HR 849--Rabun County; convey property _.____....-1177, 1199, 1362, 1484, 1659 HR 850--Printing Agency Study Committee,
Central; create _._._._...___._._________.____1344, 1361, 1521, 1685, 1874 HR 851--Henry County; levy tax on mobile
home sites ___........_........._.__.....1178, 1195, 1368, 1481, 1508, 1596 HR 853--Cochran-Bleckley County School
Systems; merge _......_..._....__________.__...1178, 1195, 1369, 1481, 1594 HR 868--Criminal Law Study Committee;
new member __.___________...._.._._______1344, 1357, 1521, 1684, 1776 HR 869--Ware County; tax offices, consolidate _.1178, 1196, 1369, 1526, 1720 HR 870--Clarke County; tax offices receive
Athens city taxes ____________________.._.___1178, 1196, 1369 HR 871--Dougherty County Registrars Board;
create ____________________________. ___________1179, 1196, 1369, 1681, 1706, 1892
HR 872--Dougherty County Elections Board; create ____________________________________________1179, 1196, 1369, 1526, 1713
HR 873--Butts County Superior Court; State Library to furnish books __________________________1343, 1357, 1521, 1523, 1776
HR 876--Adjournment, Relative to; February 16 ....__.,,_____.____._________.....__..___.___1098, 1160, 1162
HR 877--Augusta; create tax districts ........____..1344, 1361, 1521, 1526, 1701 HR 878--National Teachers Examination Study
Committee; create ___________,,___________.______.___________--1338, 1357, 1685 HR 916--Georgia National Guard; commend _...__......._._._.__..1338, 1499 HR 927--Dodge County; centennial year ..._______.____.__1338, 1499 HR 986--Mr. Richard Brevard Russell; commend .____________________ 1509, 1668 HR 1011--Honorable Daniel B. "Brack"
Blalock; commend __.___________________._...1674, 1739 HR 1012--Honorable Dave Wegerek;
sympathy __..._______________________________1674, 1739 HR 1027--Adjournment; sine die ....________________________.1678